Nayana Mukesh Desai v. Kalavati Karsondas Vora Alias Kalavatiben Karshandas Vora Alias Kalavati K Vora

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 5th December, 2025 CALLED FOR HEARING :

TP/4835/2025 (E-filing) Mr. M. A. Saldanha i/b. L R and Associates, 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 Nayana Mukesh Desai being sole surviving Executrix named under the Will of deceased. The deceased namely Kalavati Karsondas Vora died at Varoda, Gujarat on 21.02.1987. Copy of death certificate is not available hence, petitioner has filed Affidavit dated 17.07.2025. Identification proof of deceased viz. copy of Passport is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 07.10.1982. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is sole surviving executrix and another executor namely Mukesh Bhogilal Desai died on 08.02.2014 as per para No. 5 of the petition. 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 and husband of deceased predeceased the deceased. Deceased was survived by one daughter who is petitioner herein. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Rosy D'souza dated 18.02.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 31.10.2025 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.

05.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR