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Bombay High CourtTP/3068/2025grant issued

Dennis Peter Creado v. Nagin Lakhu Patel

2025-12-23Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 23rd December, 2025 CALLED FOR HEARING :

TP/3068/2025 (E-filing) WITH WILL/1173/2025 Mr. Dhaval Visawadia a/w. Dharmi Savla i/b. Akshay Kumar Santosh Shetty, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of Photocopy of last Will and Testament of deceased filed by petitioner namely Dennis Peter Creado being sole Executor named under the Will of deceased. The deceased No. 1 namely Nagin Lakhu Patel died at Mumbai on 08.07.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition. The deceased No. 2 namely Jaywanti Nagin Patel died at Mumbai on 08.04.2016. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Election Card is annexed to the petition.

2. The deceased Nos. 1 and 2 left behind their last Will and Testament which was duly executed at Mumbai on 16.11.2015. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will. Residuary clause in respect of properties of deceased is mentioned at para No. 9 of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased No. 1 predeceased the deceased. As per Affidavit of petitioner dated 05.12.2025, deceased Nos. 1 and 2 were husband and wife. Both the deceased were survived by one son and two daughters. Out of them son and one daughter have given their consents in favour of the petitioner. Consent Affidavits are on record. Another daughter namely Kiran Parmar has been served with the citation as per Affidavit dated 19.11.2025. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Chandrakant Kotkar dated 06.05.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 10.09.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue LIMITED Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 23.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR