Phatu Nanikram Nihalani v. Sapna Phatu Nihalani

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 3rd December, 2025 CALLED FOR HEARING :

TP/3946/2025 (E-filing) Mr. Abhishek Jani, 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 Phatu Nanikram Nihalani being sole Executor named under the Will of deceased. The deceased namely Sapna Phatu Nihalani died at Mumbai on 01.02.2024. 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 her last Will and Testament which was duly executed at Mumbai on 20.11.2010. The said Will is in English language. The 3rd Para of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at 4th para of the Will.

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

4. Petitioner's oath is filed. Affidavit of Daraius Bandrawalla dated 03.07.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 16.09.2025 is filed. Delay is explained and the same is condoned. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

03.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR