Abraham Soman Thomas v. Annamma Thomas (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17th March, 2026 CALLED FOR HEARING :

TP/5733/2025 (E-filing) WITH WILL/2150/2025 Mr. Mehul Khetia, Advocate for petitioner PC :

1. Perused Petition. Heard Ld. Advocate for petitioner. Ld. Advocate for petitioner points out that the office has traced the Cross TP No. 5650 of 2025 for Succession Certificate in respect of securities mentioned therein belonging to the deceased alongwith her son and husband. There is no residuary clause in the Will, therefore, the securities mentioned in the said TP NO. 5650 of 2025 is not covered under the Will. Therefore, the said petition cannot be treated as Cross Petition.

2. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Abraham Soman Thomas being Executor named under the Will of deceased. The deceased namely Annamma Thomas died at Mumbai on 06.01.2025. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

3. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 16.03.2017. The said Will is in English language. The Para No. 5 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. The property i.e. one immovable property mentioned in Schedule I annexed to the petition which is referred in the Will.

4. Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. One son of deceased namely Mohan predeceased the deceased who died leaving behind his widow and one son. Deceased was survived by one son and one grandson. Out of them son is petitioner herein and grandson has given his consent in favour of the petitioner herein. Consent Affidavit is on record. There are no other legal heirs.

5. Petitioner's oath is filed. Affidavits of Bency Mathew and Ashish Suresh Avate dated 09.09.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 13.01.2026 is filed. Delay is explained and the same is condoned. All other legal formalities are complied with. Hence, petition is granted.

6. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

17.03.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR