Bhavesh Vanravan Thakkar v. Prabhudas Tribhuvandas Kakkad (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 6th August, 2025 CALLED FOR HEARING :
TP/249/2025 (E-filing) Ms. Kunjal Sanghavi, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of photocopy of last Will and Testament of deceased filed by petitioner namely Bhavesh Vanravan Thakkar being one of the Executors named under the Will of deceased. The deceased namely Prabhudas Tribhuvandas Kakkad died at Mumbai on 26.07.2022. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.
2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 04.09.2021. The said Will is in Gujarati language and translation done by the Advocate is annexed to the petition and Affidavit dated 01.07.2025 of the Advocate for petitioner has filed clarifying it as true and correct translation of the Will. The Para No. 9 of the Will refers to the appointment of Executor. Only two Executor appointed under the Will. Petitioner is one of the executors and another executor namely Jignesh Prabhudas Kakkad has renounced his rights as an executor and Affidavit dated 20.02.2024 filed to that effect.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow and three 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. Affidavit of Meghna Hitesh Kakkad and Alpa Jignesh Kakkad dated 20.02.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 25.02.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.
5. Office to issue LIMITED Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 06.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
SLG