Amitabh Nanda v. Pamela Gale Malhotra

Bombay HC9 May 2025TP/2284/2025

Case brief

AI extract

What is this about?

Probate granted by Testamentary Registrar (Mrs. K. Y. Ambekar), 06.08.2025, in TP/2284/2025 for will of Pamela Gale Malhotra (died U.S.A. 17.04.2024; will executed Karnataka 06.02.2024) in favour of sole executor Amitabh Nanda; heirs (brother, two sisters, nephew, niece) consented via affidavits; no other legal heirs; attesting witness affidavit N. K. Ponnappa 25.11.2024; general citation service affidavit 26.06.2025; office to check caveat/cross petition before issuing probate. Keywords: probate, testamentary petition, sole executor, consent affidavits, attesting witness, general citation, caveat verification.

What did the court decide?

Probate of the last Will and Testament of the deceased granted to petitioner Amitabh Nanda as sole Executor, subject to the Office verifying absence of any cross petition or caveat before issuance.

Amitabh Nanda vs Pamela Gale Malhotra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Probate of the last Will and Testament of the deceased granted to petitioner Amitabh Nanda as sole Executor, subject to the Office verifying absence of any cross petition or caveat before issuance.

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Issue for consideration

Whether probate of the last Will and Testament of the deceased, Pamela Gale Malhotra, should be granted to the petitioner Amitabh Nanda as the sole Executor named under the Will.

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Court's answer

Probate of the last Will and Testament of the deceased is granted to petitioner Amitabh Nanda as the sole Executor named under the Will, all other legal formalities having been complied with.

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Ratio / Principle

Only one Executor is appointed under the Will (at Page No. 2 thereof) and he is the petitioner.

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Key takeaways

The deceased died issue-less, predeceased by her parents and husband, and was survived by one brother, two sisters, one nephew and one niece, who all gave their consents in favour of the petitioner; the consent affidavits are on record.ratio¶¶8
There are no other legal heirs of the deceased besides those who consented in favour of the petitioner.ratio¶¶8
Office is directed to issue Probate as prayed, after verifying whether any cross petition or caveat is filed.ratio

Detailed headnote1 paragraphs

Probate granted - Testamentary Petition TP/2284/2025: Before the Company Registrar / Testamentary Registrar (Mrs. K. Y. Ambekar), probate was granted of the last Will and Testament of Pamela Gale Malhotra, who died at U.S.A. on 17.04.2024, to Amitabh Nanda, the sole Executor appointed under the Will (executed at Karnataka on 06.02.2024; in English language; Page No. 2 records the executor appointment). The deceased died issue-less, predeceased by her parents and husband, and was survived by one brother, two sisters, one nephew and one niece, who all furnished consent affidavits in favour of the petitioner; there are no other legal heirs. Petitioner's oath, the affidavit of attesting witness N. K. Ponnappa (dated 25.11.2024) and the Affidavit of Service of General Citation (dated 26.06.2025) were filed; all other legal formalities were held complied with. The Office was directed to issue probate as prayed after verifying whether any cross petition or caveat is filed.

Amitabh Nanda v. Pamela Gale Malhotra

Case brief

What is this about?

What did the court decide?

Amitabh Nanda v. Pamela Gale Malhotra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

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