Bombay High CourtTP/5046/2024grant issued

Shobhan Indravadan Diwanji v. Indravadan Chhaganlal Diwanji (Deceased)

2025-10-14Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SL BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 14th October, 2025 CALLED FOR HEARING :

TP/5046/2024 NO R & P Ms. Charmi Gala a/w. Bhumanyu Singh Champawat i/b. P S Chambers, Advocate for petitioner PC : 1. Records and proceedings not available. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Shobhan Indravadan Diwanji being one of the Executors named under the Will of deceased. The deceased namely Indravadan Chhaganlal Diwanji died at Mumbai on 20.08.1988. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 25.09.2025 for non-availability of identification proof of deceased. The same is accepted.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 01.06.1988. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Prakash Munshi has relinquish his right to act as an executor and Affidavit dated 01.02.2024 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by one son and one daughter. Out of them son is petitioner herein and the daughter has given her consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Bharat Jokharkar dated 22.03.2022 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 29.07.2025 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.

14.10.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR