Allowed¶9

Ajay Vijay Mhatre v. Leela Hiranath Nawalkar (Deceased)

Bombay HC10 Jun 2025TP/4561/2024

Case brief

AI extract

What is this about?

probate; testamentary petition; TP/4561/2024; E-filing; photocopy of last Will and Testament; Ajay Vijay Mhatre sole Executor; Leela Hiranath Nawalkar; Will registered Mumbai 24.05.2017; death 08.07.2022; died issue-less; consent affidavits; Arup Vijay Mhatre; Amira Ajit Varalikar; citation served on Sharad, Smita, Mrudula, Pushpa; attesting witness Pradeep Gajanan Chavan affidavit 17.07.2023; Affidavit of Service of General Citation 23.10.2024; petitioner's oath; LIMITED Probate; no cross petition or caveat; Company Registrar / Testamentary Registrar; Mrs. K. Y. Ambekar; decided 10.06.2025

What did the court decide?

Petition granted: Limited Probate to be issued to the petitioner (sole Executor) as prayed, after the Office verifies that no cross petition or caveat is filed. ¶9

Ajay Vijay Mhatre vs Leela Hiranath Nawalkar (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition granted: Limited Probate to be issued to the petitioner (sole Executor) as prayed, after the Office verifies that no cross petition or caveat is filed.

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Issue for consideration

Whether all legal formalities for grant of probate of the photocopy of the deceased's registered Will stand complied with, entitling the petitioner as sole Executor to probate. +1 more

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Court's answer

All other legal formalities for the probate petition stand complied with, and the petition is accordingly granted.

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Ratio / Principle

On the material before the Registrar, the deceased died issue-less and there are no other legal heirs apart from the nieces and nephews referred to in the petition, of whom two consented to the petitioner and the remainder were served with citation.

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Key takeaways

The Office is directed to issue Limited Probate as prayed, after verifying whether any cross petition is filed or whether any caveat is filed.ratio¶10

Detailed headnote1 paragraphs

Testamentary jurisdiction — Probate Petition TP/4561/2024 (E-filing) by Ajay Vijay Mhatre, sole Executor under the Will of Leela Hiranath Nawalkar, who died at Mumbai on 08.07.2022. The Will was executed and registered at Mumbai on 24.05.2017 and the petition sought probate of a photocopy thereof. Nephew Arup Vijay Mhatre and niece Amira Ajit Varalikar filed consent affidavits in favour of the petitioner; the remaining nieces (Sharad, Smita, Mrudula, Pushpa) were served with citation, service affidavits dated 30.01.205 (as printed) and 05.05.2025 being filed. Attesting witness Pradeep Gajanan Chavan swore an affidavit dated 17.07.2023; Affidavit of Service of General Citation dated 23.10.2024 and the petitioner's oath were filed. The Company Registrar / Testamentary Registrar (Mrs. K. Y. Ambekar) held that all other legal formalities stood complied with and granted the petition on 10.06.2025, directing the Office to issue LIMITED Probate after verifying that no cross petition or caveat is filed.

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SLG

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BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 10^th June, 2025

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CALLED FOR HEARING :

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13 TP/4561/2024 (E-filing)

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Mr. S. U. Lakdawala, Advocate for petitioner

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P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of photocopy of the last Will and Testament of deceased filed by petitioner namely Ajay Vijay Mhatre being sole Executor named under the Will of deceased. The deceased namely Leela Hiranath Nawalkar died at Mumbai on 08.07.2022. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

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The deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 24.05.2017. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.

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Ld. Advocate for petitioner submits that husband and parents of husband of deceased predeceased the deceased. Deceased died issue-less. Deceaed husband had four brothers and two sisters who all have died and their legal heirs are mentioned in para No. 8 of the petition. Deceased was survived by four nieces and two nephews. Out of them one nephew is petitioner herein and another nephew Arup Vijay Mhatre and one niece namely Amira Ajit Varalikar have given their consents in favour of the petitioner. Consent Affidavits are on record. Rest of nieces namely Sharad, Smita, Mrudula and Pushpa have been served with the citation and Affidavit of Service of Citation dated 30.01.205 and 05.05.2025 are filed to that effect. There are no other legal heirs.

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Petitioner's oath is filed. Affidavit of Pradeep Gajanan Chavan dated 17.07.2023 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 23.10.2024 is filed. All other legal formalities are complied with. Hence, petition is granted.

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

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

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10.06.2025

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SLG

Ajay Vijay Mhatre v. Leela Hiranath Nawalkar (Deceased)

Case brief

What is this about?

What did the court decide?

Ajay Vijay Mhatre v. Leela Hiranath Nawalkar (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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