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Bombay High CourtTP/6086/2025grant issued

Narendra Lalji Khona v. Rekha Shantilal Kothawala

2026-02-13Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13th February, 2026 CALLED FOR HEARING :

TP/6086/2025 (E-filing) WITH WILL/2292/2025 Mr. Vithal Sankpal, 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 Narendra Lalji Khona being Executor named under the Will of deceased. The deceased namely Rekha Shantilal Kothawala died at Mumbai on 19.02.2023. 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 her last Will and Testament which was duly executed at Mumbai on 17.12.2022. The said Will is in English language. The Para No.11 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at para No. 9 of the Will.

3. Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. Deceased died issue-less. Deceased had four brother-in-law and three sisters-in-law. As per para No. 8 of the petition, deceased was survived by one brother-in-law, one sister-in-law, five nephews and five nieces who all have been served with the citation through the office of Sheriff, Mumbai and Affidavit of Service dated 03.02.2026 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of Pooja Harish Dialani and Murlidhar Sharma dated 08.08.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 05.02.2026 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.

13.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR