Usha Sudhir Prabhudesai v. Subray Achut Gaitonde

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

TP/5076/2025 (E-filing) WITH WILL/1960/2025 Ms. Swati Sawant, 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 Usha Sudhir Prabhudesai being sole Executrix named under the Will of deceased. The deceased namely Subray Achut Gaitonde died at Mumbai on 09.03.2025. 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 15.01.2021. The said Will is in English language. The Para No. 1 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. 8 of the Will.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by one son and one married daughter. Out of them daughter is petitioner herein and son has been served with the citation through the office of Sheriff, Mumbai and Affidavit of Service dated 18.12.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of Milind M. Ghalsashi dated 15.07.2025 and 20.09.2025 one of the Attesting Witness to the Will are filed. Affidavit of Service of General Citation dated 18.12.2025 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.

30.01.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR