Bombay High CourtTP/226/2025exparte decree

Avani Kumar Mehta v. Saroj Krishnabhai Mehta Alias Saroj Mehta (Deceased )

2025-04-01Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 1st April, 2025 CALLED FOR HEARING :

TP/226/2025 (E-filing) Mr. Nandkishor Supal i/b. Divya Shah Associates, 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 Avani Kumar Mehta being one of the Executors named under the Will of deceased. Deceased namely Saroj Krishna Bhai Mehta alias Saroj Krishnabhai Mehta alias Saroj Mehta said to have died at Mumbai on 07.02.2024. 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 her last Will and Testament which was duly executed at Mumbai on 19.08.2023. The said Will is in English language. Petitioner is one of the Executors and other executor namely Rupesh Krishnabhai Mehta has renounced his Executorship and rights to Probate and execute the said Will. Affidavit of Renunciation dated 20.12.2024 is filed which is annexed to the petition as Exhibit - "C".

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

4. Petitioner's oath is filed. Affidavits of Sanjay Harsukhlal Kothari and Apoorva Labhubhai Sanghvi both dated 20.12.2024 being both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 06.02.2025 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. 01.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR