Rakesh Jayantilal Shah v. Bhogilal Chandulal Shah (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 10th October, 2025 CALLED FOR HEARING :

TP/962/2025 (E-filing) Mr. Yash Badkur, 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 Rakesh Jayantilal Shah being sole Executor named under the Will of deceased. The deceased namely Bhogilal Chandulal Shah died at Mumbai on 17.02.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 18.12.2021. The said Will is in English language. The Page No. 1 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at page No. 2 of the Will.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. One son of deceased predeceased the deceased who died as bachelor. As per para Nos. 9 and 10 of the petition, deceased was survived by one brother and one sister and citation was served upon them through the office of Sheriff, Mumbai and Affidavit of Service dated 07.08.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Anil C. Shah and Dilip Jayantilal Shah dated 11.10.2023 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation is not filed.

5. Ld. Advocate for petitioner file praecipe to place on board as and when the matter is completely ready for final grant.

10.10.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR