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Bombay High CourtTP/4124/2025grant issued

Hitakshi Ashok Sapaliga v. Vithal S Salian Alias Vithal Sesu Salian

2026-01-30Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 30th January, 2026 CALLED FOR HEARING :

TP/4124/2025 (E-filing) WITH WILL/1552/2025 Ms. Jacqueline D'silva i/b. Jacinta Dsilva, 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 Hitakshi Ashok Sapaliga being sole Executrix named under the Will of deceased. The deceased namely Vithal S Salian died at Mumbai on 17.08.2008. 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 left behind his last Will and Testament which was duly executed at Mumbai on 22.11.2004. The said Will is in English language. The 2nd para of the Will refers to the appointment of Executrix. Only one Executrix appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at para No. 2 of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Son of deceased namely Harish predeceased the deceased however, his legal heirs are not stated in the petition, Advocate to take steps accordingly. Deceased was survived by his widow and three daughters. Out of them one daughter is petitioner herein and the widow and remaining two daughters have been served with the citation through office of Sheriff, Mumbai and Affidavit of Service dated 16.12.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Shankar Poojary dated 24.06.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 20.09.2025 is filed. Delay is explained and the same is condoned.

5. Liberty to move for listing the matter on compliance of requisition stated in Bold hereinabove.

30.01.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR