Pallavi Ashok Nerker v. Ashok Ramchandra Nerker

Ajay BEFORE : MRS. KAVITA Y. AMBEKAR, COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 28th JANUARY, 2026 CALLED FOR HEARING :

TP/5658/2025 (E-filing) WITH WILL/2167/2025 Mr. Deep Thakkar, 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 three petitioners namely Pallavi Ashok Nerker, Arya Ashok Nerker-Batra and Humbir Ashok Nerker, All three being Executors named under the Will of deceased. The deceased namely Ashok Ramchandra Nerker, who died at Mumbai on 11.03.2025.. 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 08.07.2019. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executor. Three Executors appointed under the Will, who all are petitioners. Residuary clause in respect of properties of deceased is mentioned at para No. 15 of the Will. Schedule refers to the immovable property, para 7 and 8 of the Will referred as residuary clause.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by his widow two sons and one married daughter. Widow, One son and one daughter are petitioners herein and another son has given her consent in favour of the petitioners herein. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Ajitkumar Chandmal Dawda dated 14.08.2025 one of the Attesting Witness to the Will is filed and Affidavit of Pankar Vrajlal Shah dated 14.08.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 02.12.2025 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.

28.01.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR