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Bombay High CourtTP/231/2025grant issued

Nilesh Navinchandra Maniar v. Madhukanta Dinesh Shah (Deceased)

2025-08-20Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

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

TP/231/2025 (E-filing) Mr. Sahil Deshpande i/b. Varun Mamniya, 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 Nilesh Navinchandra Maniar being one of the Executors named under the Will of deceased. The deceased namely Madhukanta Dinesh Shah died at Mumbai on 25.07.2023. 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 her last Will and Testament which was duly executed at Mumbai on 09.03.2023. The said Will is in English language. The Page No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. The alternate executor namely Sameer R. Shah has renounced his rights as an Executor and Affidavit dated 04.10.2023 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by her husband and two sons who all 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. Affidavits of Rajesh Premchand Shah and Suresh Patel dated 10.10.2023 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 20.02.2025 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.

20.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG