Asha Babu Nayak v. Babu Vithal Nayak Deceased
SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 15th October, 2025 CALLED FOR HEARING :
TP/4009/2025 (E-filing) Mrs. Asha P. Nair, 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 Asha Babu Nayak being sole Executrix named under the Will of deceased. The deceased namely Babu Vithal Nayak died at Mumbai on 05.10.2016. 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 18.12.1996. The said Will is in English language. The Page No. 3 of the Will refers to the appointment of Executrix. Only one Executrix appointed under the Will who is petitioner herein. The properties mentioned in the Schedule are referred on page No. 2 of the Will.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by his widow and one son. Out of them widow is petitioner herein and the son has given his consent in favour of the petitioner herein. Consent Affidavit is on record. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Ashok R Bhatt dated 07.07.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 09.09.2025 is filed. 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.
15.10.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR