Hiren Naresh Kara v. Homi Hoshang Godha

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 24th December, 2025 CALLED FOR HEARING :

TP/5065/2025 (E-filing) Ms. Swati Mathkar i/b. S. P. Mathkar, 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 Hiren Naresh Kara being sole Executor named under the Will of deceased. The deceased namely Homi Hoshang Godha died at Mumbai on 01.04.2025. 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 19.07.2024. The said Will is in English language. The 1st page of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. The properties mentioned in the Schedule I annexed to the petition are referred in the Will.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased died issue-less. One sister of deceased namely Roshan died leaving behind one daughter. Deceased was survived by two sisters and one niece. Out of them both the sisters of deceased have been served with the citation through the office of Sheriff, Mumbai and Affidavit of Service dated 26.11.2025 is filed to that effect and niece of deceased has given her 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 Lakshmi Rangaraj dated 14.08.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 10.11.2025 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.

24.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR