Rajesh Himatlal Sheth v. Himatlal Chunilal Sheth

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 20th March, 2025 CALLED FOR HEARING :

TP/145/2025 (E-filing) Mr. Uttam S. Rane, 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 Rajesh Himatlal Sheth being sole Executor named under the Will of deceased. Deceased namely Himatlal Chunilal Sheth said to have died at Mumbai on 15.08.2022. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. Ld. Advocate for petitioner submits that deceased left behind his last Will and Testament which was duly executed at Mumbai on 02.07.2018 and the same was registered on 05.07.2018 with the office of Sub-Registrar, Mumbai. The said Will is in English language.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased had no daughter and was survived by widow and three sons. Out of them one son is petitioner herein and all other legal heirs 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 Bhumi Rajesh Sheth dated 09.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 22.01.2025 is filed. 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. 20.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG