Shirish Motiram Samel vs Sudha Mangesh Telang (Deceased) — Bombay HC (2025) — LawSathi Research

Shirish Motiram Samel vs Sudha Mangesh Telang (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory order at Called-for-Hearing stage: leave granted to delete the Maval, Pune property from the probate petition; amendment to be carried out within twelve weeks and amended petition re-uploaded on the Bombay High Court portal; final grant deferred pending praecipe.

Issue for consideration

Whether leave should be granted to the petitioner to delete from the probate petition the property situated at Maval, Pune, which is not referred to in the Will, and within what time the amendment must be carried out.

Court's answer

Leave granted to the petitioner to delete the property situated at Maval, Pune, which is not referred to in the Will.

Ratio / Principle

Amendment to be carried out within twelve weeks from the date of uploading of this order, and the amended petition to be re-uploaded on the official portal of the Bombay High Court.

Key takeaways

Petitioner's advocate to file a praecipe to place the matter on board as and when it is completely ready for final grant.ratio¶10

Detailed headnote1 paragraphs

Bombay High Court, Testamentary side — T.P./4230/2024 (E-filing), order dated 14.11.2025 of Mrs. Kavita Y. Ambekar, Company Registrar / Testamentary Registrar, at the Called-for-Hearing stage. Probate petition of Shirish Motiram Samel, sole Executor named in the last Will and Testament dated 28.04.2017 of Sudha Mangesh Telang, who died unmarried (spinster) at Mumbai on 28.12.2022; petition seeks probate of a photocopy of the Will. Finding that the property situated at Maval, Pune was not referred to in the Will, the Registrar granted leave to delete that property from the petition, directed the advocate to carry out the amendment within twelve weeks from uploading of the order and to re-upload the amended petition on the official portal of the Bombay High Court. On record: consent affidavits of the four nephews and three nieces (no other legal heirs), petitioner's oath, affidavit of attesting witness Chandrashekhar Deshpande dated 18.12.2023, and affidavit of service of general citation dated 19.11.2024. Matter to be listed for final grant upon praecipe; no statutes or precedents engaged; no quantum awarded.

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 14^th November, 2025

CALLED FOR HEARING :

3 TP/4230/2024 (E-filing)

Mr. Mangesh Parte a/w. Deepak Chitnis, Advocate for petitioner

PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of photocopy of last Will and Testament of deceased filed by petitioner namely Shirish Motiram Samel being sole Executor named under the Will of deceased. The deceased namely Sudha Mangesh Telang died at Mumbai on 28.12.2022. 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 her last Will and Testament which was duly executed at Mumbai on 28.04.2017. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. The property mentioned in the Schedule at Sr. No. 1 i.e. movable property and the immovable property situated at Vile Parle, Mumbai are the only properties referred in the Will. The property situated at Maval, Pune is not referred in the Will. Hence, Advocate to take steps. Ld. Advocate for petitioner seeks leave to delete the property situated at Maval, Pune. Leave is granted. Ld. Advocate for petitioner to carry out amendment within twelve weeks from the date of uploading of this order. Ld. Advocate for Petitioner to re-upload the amended petition on the official portal of the Bombay High Court.

Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Deceased had three sisters and one brother who all predeceased the deceased. Deceased was survived by four nephews and three nieces who all have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

Petitioner's oath is filed. Affidavit of Chandrashekhar Deshpande dated 18.12.2023 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 19.11.2024 is filed.

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

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

14.11.2025