Allowed¶10

Vanita Nagda v. Lax Nagda

Bombay HC11 Mar 2026TP/5325/2025

Case brief

AI extract

What is this about?

Probate; Testamentary; TP/5325/2025; WILL/2033/2025; Vanita Nagda; Lax Nagda; executrix; Will executed Toronto Canada 01.03.2017; death Toronto Canada 22.12.2022; attesting witness Patrick Di Monte; General Citation; consent affidavits; delay condonation; Haleema Merchant; Jani and Parikh; Kavita Y. Ambekar; Testamentary Registrar.

What did the court decide?

Grant of Probate of the last Will and Testament of the deceased, to be issued by the Office as prayed, subject to verification that no cross petition or caveat is filed. ¶10

Vanita Nagda vs Lax Nagda — Bombay HC (2026) — LawSathi Research

¶1

SLG

¶2

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 11^th March, 2026

¶3

CALLED FOR HEARING :

¶4

14 TP/5325/2025 (E-filing) WITH

¶5

WILL/2033/2025

¶6

Ms. Haleema Merchant i/b. Jani and Parikh, Advocate for petitioner

¶7

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 Vanita Nagda being Executrix named under the Will of deceased. The deceased namely Lax Nagda died at Toronto, Canada on 22.12.2022 Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is annexed to the petition.

¶8

The deceased left behind his last Will and Testament which was duly executed at Toronto, Canada on 01.03.2017. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executrix. Only one Executrix appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at para No. 10 of the Will.

¶9

As per Affidavit of petitioner dated 19.02.2026, mother of deceased predeceased the deceased. Ld. Advocate for petitioner submits that deceased was survived by his widow and two sons. Out of them widow is petitioner herein and both the sons have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

¶10

Petitioner's oath is filed. Affidavit of Patrick Di Monte dated 07.07.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 07.01.2026 is filed. Delay is explained and the same is condoned. All other legal formalities are complied with. Hence, petition is granted.

¶11

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

¶12

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

¶13

11.03.2026

Vanita Nagda v. Lax Nagda

Case brief

What is this about?

What did the court decide?

Vanita Nagda v. Lax Nagda

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

Coram

Case details

All orders in this case

Similar cases

Irfan Iqbal Patni vs Dipika Sadanand Khanvilkar

Dharmarajan Subramaniam Iyer vs D Subramaniam alias Iyer Subramaniam Dharmaraj

Meera Sitaram Rajpure vs Sitaram Tukaram Rajpure

Mahesh Kanayalal Lulla vs Vanita Shyam Raheja

Vishram Velji Patel vs Dayalal Harji Patel - Deceased

Nitin Lalitkumar Modi vs Jasumati Lalitkumar Modi