Dipen Ullas Desai v. Chandrakant Hiralal Kothari (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 14th August, 2025 CALLED FOR HEARING :

TP/2354/2024 Mr. Pravin Singh i/b. Nimesh Mehta, 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 Dipen Ullas Desai being sole Executor named under the Will of deceased. The deceased namely Chandrakant Hiralal Kothair died at Ahmedabad, Gujarat on 25.07.2015. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 18.03.2015. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.

3. Ld. Advocate for petitioner submits that as per Will wife of deceased died on 10.12.2014. Deceased died issue-less. Deceased had one brother namely Bhupendra died on 09.08.2020 leaving behind his wife, one son and one daughter. Deceased was survived one sister-in-law, one nephew and one niece who all have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Dhara D. Desai dated 15.09.2022 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 05.03.2025 is filed separately through e-filing. All other legal formalities are complied with. Hence, petition is granted.

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

14.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR