Neena Asthana Amin vs Kamalasine Prasad Asthana — Bombay HC (2025) — LawSathi Research

Neena Asthana Amin vs Kamalasine Prasad Asthana — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay explained and condoned; deficiencies noted (incomplete attesting witnesses' affidavit as to handwritten corrections; affidavit of service of general citation not filed) with direction to take steps; matter removed from board, to be restored on praecipe when completely ready for final grant.

Ratio / Principle

The affidavit of the attesting witnesses was found incomplete as regards the handwritten corrections in the Will, and the advocate was directed to take steps accordingly.

Key takeaways

It was recorded that the Affidavit of Service of General Citation had not been filed.ratio¶¶9
The delay was held to be explained and the same was condoned.ratio¶¶9
On the learned advocate's praecipe, the matter was removed from the board and is to be placed on board as and when it is completely ready for final grant.ratio¶¶10

Detailed headnote1 paragraphs

Interlocutory hearing note of the Company Registrar / Testamentary Registrar dated 17.12.2025 on Testamentary Petition TP/102/2025 (E-filing), taken up with WILL/35/2025, being a petition for probate of the last Will and Testament of Kamalasine Prasad Asthana (died at Mumbai on 09.12.2021), executed at Mumbai on 30.12.2018 in English, filed by the sole executrix named under the Will, Neena Asthana Amin. The deceased was survived by one son and three daughters; the other daughters gave consent affidavits in favour of the petitioner, and the son was served with citation through the office of the Sheriff, Mumbai (affidavit dated 05.11.2025), with no other legal heirs. Petitioner's oath and the attesting witnesses' affidavits (Neera Asthana Phate and Shubhrav Prashant Phate, dated 04.09.2024) were filed, but the attesting witnesses' affidavit was found incomplete as regards handwritten corrections in the Will, and the Affidavit of Service of General Citation was not filed; the advocate was directed to take steps accordingly. Delay was held explained and condoned. On praecipe, the matter was removed from the board to be placed again as and when completely ready for final grant.

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17^th December, 2025

CALLED FOR HEARING :

5 TP/102/2025 (E-filing) WITH WILL/35/2025

Mr. Azeem Abdul i/b. Sonal Mishal, 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 Neena Asthana Amin being sole Executrix named under the Will of deceased. The deceased namely Kamalasine Prasad Asthana died at Mumbai on 09.12.2021. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

The deceased left behind his last Will and Testament which was duly executed at Mumbai on 30.12.2018. The said Will is in English language. The 2^nd page of the Will refers to the appointment of Executrix. Only one Executrix appointed under the Will. Residuary clause in respect of properties of deceased is mentioned at 2^nd page of the Will.

Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by one son and three daughters. Out of them one daughter is petitioner herein and both the daughters have given their consents in favour of the petitioner herein. Consent Affidavits are on record. Son of deceased has been served with the citation through the office of Sheriff, Mumbai and Affidavit dated 05.11.2025 is filed to that effect. There are no other legal heirs.

Petitioner's oath is filed. Affidavit of Neera Asthana Phate and Shubhrav Prashant Phate dated 04.09.2024 both the Attesting Witnesses to the Will are filed however, the Attesting Witnesses is incomplete as regards handwritten corrections in the Will. Hence, Advocate to take steps accordingly. Affidavit of Service of General Citation is not filed. Delay is explained and the same is condoned.

Ld. Advocate for petitioner file praecipe to place on board as and when the matter is completely ready for final grant. Hence, remove from board.

COMPANY REGISTRAR / 17.12.2025 TESTAMENTARY REGISTRAR