Bombay High CourtTP/3556/2025grant issued

Vasudha Ganesh Kamath v. Devappa Narayana Pai Alias D N Pai

2025-11-06Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Ajay BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 06th November, 2025 CALLED FOR HEARING :

TP/3556/2025 (E-filing) WITH WILL/1356/2025 Ms. Nandita Nair i/b. Mr. Pratyush Ranjan, Advocate for petitioner. PC :

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Vasudha Ganesh Kamath, being sole Executrix named under the Will of deceased. The deceased namely Devappa Narayana Pai, died at Mumbai on 01.09.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 13.12.2023 and the same is Registrered on 14.12.2023. The said Will is in English language. The second last line 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 page no. 2 at first line of the Will.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by three married daughters. Out of them one married daughter is petitioner herein and other both the married daughters have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

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4. Petitioner's oath is filed. Affidavit of Rajan Anant Shirwadkar dated 23.06.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 21.08.2025 is filed. It seems that the will was not signed by the deceased, only the thumb impression seen on the Will. Petitioner to take steps to explain as to why deceased not signed the will.

5. Ld. Advocate for petitioner file praecipe to place on board as and when the matter is ready for final grant. Hence, remove from board. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR 06.11.2025