Sunita Pratap Thacker vs Vinay Pratap Thacker — Bombay HC (2026) — LawSathi Research

Sunita Pratap Thacker vs Vinay Pratap Thacker — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Grant of Probate of the last Will and Testament of the deceased to the petitioner-Executrix as prayed; Office directed to issue Probate after verifying that no cross petition or caveat is filed.

Issue for consideration

Whether the petitioner, Sunita Pratap Thacker, as Executrix named under the last Will and Testament of the deceased Vinay Pratap Thacker, is entitled to Probate of the said Will. +1 more

Court's answer

Two Executors were appointed under the Will; the co-executor Chandravardhan N. Patel has renounced his rights to act as Executor, leaving the petitioner as the remaining Executrice pursuing Probate.

Ratio / Principle

The parents of the deceased predeceased him; he died a divorcee per decree dated 19.11.1991; he is survived by three sisters, one of whom is the petitioner; there are no other legal heirs.

Key takeaways

Delay in the matter is explained and stands condoned.ratio¶¶10
All other legal formalities for grant of Probate are complied with.ratio¶¶10
The Probate petition is granted.ratio¶¶10

Detailed headnote1 paragraphs

Probate petition (30 TP/795/2026, E-filing, with WILL/331/2026) decided by Kavita Y. Ambekar, Company Registrar / Testamentary Registrar, on 02.04.2026: Probate sought of the English-language last Will and Testament of Vinay Pratap Thacker (died at Mumbai on 14.07.2025), executed at Mumbai on 15.04.2025, appointing two Executors (Para 3) with residuary clause at Para 10. Petitioner Sunita Pratap Thacker is one of the named Executrices; co-executor Chandravardhan N. Patel renounced (affidavit dt. 03.12.2025). Both attesting witnesses (Tanaji Mandhare, Jagdish Vishwas Ghadi) affirmed by affidavits dt. 03.12.2025; petitioner's oath filed; general citation served (affidavit dt. 18.03.2026). Parents predeceased; deceased died a divorcee (Divorce Decree dt. 19.11.1991, Family Court, Mumbai, Petition No. AA-644 of 1991); survived by three sisters — the petitioner, Nina (consent affidavit on record), and Smita (citation served through Sheriff, Mumbai; affidavit dt. 09.03.2026); no other legal heirs. Delay explained and condoned; all other legal formalities complied with. Petition granted; Office to issue Probate as prayed after verifying whether any cross petition or caveat is filed.

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2^nd April, 2026

CALLED FOR HEARING :

30 TP/795/2026 (E-filing) WITH

WILL/331/2026

Mr. Rupesh Mandhare, Advocate for petitioner

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 Sunita Pratap Thacker being Executrix named under the Will of deceased. The deceased namely Vinay Pratap Thacker died at Mumbai on 14.07.2025. 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 his last Will and Testament which was duly executed at Mumbai on 15.04.2025. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will. Petitioner is one of the Executrices and another Executor namely Chandravardhan N. Patel has renounced his rights to act as an Executor and Affidavit dated 03.12.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 10 of the Will.

Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Ld. Advocate for petitioner states that deceased died as divorcee as per Divorce Decree dated 19.11.1991 passed by the Family Court, Mumbai in Petition No. AA-644 of 1991. Deceased is survived by three sisters. Out of them one sister is petitioner herein and another sister namely Nina has given her consent in favour of the petitioner herein. Consent Affidavit is on record. Remaining sister of deceased namely Smita has been served with the citation through the office of Sheriff, Mumbai and Affidavit dated 09.03.2026 is filed to that effect. There are no other legal heirs.

Petitioner's oath is filed. Affidavit of Tanaji Mandhare and Jagdish Vishwas Ghadi dated 03.12.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 18.03.2026 is filed. Delay is explained and the same is condoned. All other legal formalities are complied with. Hence, petition is granted.

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

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

02.04.2026