Nishita Suketu Jhaveri v. Shrimati Rajnikant Jhaveri Deceased

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 23rd April, 2025 CALLED FOR HEARING :

TP/150/2025 (E-filing) Ms. Sweta Rahul Moghe, 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 Nishita Suketu Jhaveri and Manish Rajnikant Reshamwala both being Executors named under the Will of deceased. The deceased namely Shrimati Rajnikant Jhaveri died at Mumbai on 26.08.2017. 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 her last Will and Testament which was duly executed at Mumbai on 15.07.2017. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executor. Only two Executor appointed under the Will.

3. Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. Deceased was survived by one son and four daughters who all have been served the citation by substitute service and Affidavit of Service dated 10.03.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Ld. Advocate for petitioner submits that para No. 11 of the petition refers to the fact that both the Attesting Witnesses are not available and their whereabouts are not known therefore, Affidavit of Nishita Suketu Jhaveri dated 18.11.2024 is filed under Rule 384 of the Bombay High Court (Original Side) Rules, 1980. The said Affidavit is accepted. Affidavit of Service of General Citation dated 30.01.2025 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. 23.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR