Allowed¶11

Shirish Motiram Samel v. Sudha Mangesh Telang (Deceased)

Bombay HC20 Jan 2026TP/4230/2024

Case brief

AI extract

What is this about?

Limited probate granted on photocopy of last Will and Testament of Sudha Mangesh Telang (d. 28.12.2022); sole executor petitioner Shirish Motiram Samel; Will executed Mumbai 28.04.2017; Vile Parle Mumbai property only property in Will, Maval Pune property deleted via amendment 04.12.2025; consent affidavits of four nephews and three nieces; attesting witness affidavit Chandrashekhar Deshpande 18.12.2023; general citation served 19.11.2024; decided by Company Registrar / Testamentary Registrar Mrs. Kavita Y. Ambekar on 20.01.2026; TP/4230/2024 with WILL/1680/2024.

What did the court decide?

Limited Probate to be issued to the petitioner as sole Executor under the Will, as prayed, subject to the Office verifying that no cross petition or caveat is filed. ¶11

Shirish Motiram Samel vs Sudha Mangesh Telang (Deceased) — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Limited Probate to be issued to the petitioner as sole Executor under the Will, as prayed, subject to the Office verifying that no cross petition or caveat is filed.

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Issue for consideration

Whether probate of the photocopy of the last Will and Testament of the deceased, Sudha Mangesh Telang, should be granted to the petitioner, Shirish Motiram Samel, the sole Executor appointed under the Will.

¶7

Court's answer

The parents, three sisters and one brother of the deceased predeceased her; she died unmarried (spinster) survived by four nephews and three nieces who consented to the petition, and there are no other legal heirs.

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Ratio / Principle

Only the immovable property at Vile Parle, Mumbai (Schedule Sr. No. 1) is referred to in the Will; the property at Maval, Pune is not covered by the Will and was accordingly deleted from the petition by the amendment of 04.12.2025.

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Key takeaways

All legal formalities stand complied with, including the petitioner's oath, the attesting witness's affidavit and service of general citation, and hence the probate petition is granted.ratio¶10

Detailed headnote1 paragraphs

Testamentary jurisdiction (uncontested): Probate petition of Shirish Motiram Samel, sole Executor under the Will executed at Mumbai on 28.04.2017 by Sudha Mangesh Telang (died at Mumbai on 28.12.2022, unmarried), seeking probate of a PHOTOCOPY of the Will. Only the immovable property at Vile Parle, Mumbai is referred to in the Will; the Maval (Pune) property, not covered by the Will, was deleted by petition amendment dated 04.12.2025. Parents and all four siblings (three sisters, one brother) predeceased the testatrix; her four nephews and three nieces gave consent affidavits and there are no other legal heirs. Petitioner's oath, affidavit of Attesting Witness Chandrashekhar Deshpande (18.12.2023) and Affidavit of Service of General Citation (19.11.2024) on record. All legal formalities held complied with; LIMITED Probate ordered to be issued as prayed, subject to verification of no cross petition or caveat.

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 20^th January, 2026

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CALLED FOR HEARING :

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9 TP/4230/2024 (E-filing) WITH

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WILL/1680/2024

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Mr. Deepak Chitnis i/b. M S Parte, Advocate for petitioner

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PC : 1. Perused amended 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.

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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. 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 therefore, the same was deleted as per the amendment carried out in the petition on 04.12.2025.

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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.

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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. 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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20.01.2026

Shirish Motiram Samel v. Sudha Mangesh Telang (Deceased)

Case brief

What is this about?

What did the court decide?

Shirish Motiram Samel v. Sudha Mangesh Telang (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

Parties & counsel

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Case details

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