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Bombay High CourtTP/250/2025grant issued

Ramesh Kumar Motilal Gupta v. Gomtidevi Motilal Gupta Alias Agarwal Alias Gomtidevi Motilal Gupta (Deceased)

2025-11-17Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17th November, 2025 CALLED FOR HEARING :

TP/250/2025 (E-filing) Mr. Shabbir Bagasrawala i/b. Sameer Logade, 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 Ramesh Kumar Motilal Gupta being one of the Executors named under the Will of deceased. The deceased namely Gomtidevi Motilal Gupta died at Mumbai on 22.06.2023. 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 08.06.2011. The said Will is in English language. The Para No.1 of the Will refers to the appointment of Executor. Only four Executor appointed under the Will. Petitioner is one of the executors and another executor namely Prakashchand Motilal Gupta and Pawankumar M. Gupta have filed Affidavits for renouncing their rights dated 07.12.2024 and 02.01.2025 respectively. Remaining executor namely Shankarlal Motilal Agarwal has expired on 19.05.2015 and copy of death certificate is annexed to the petition as Exhibit - "F".

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. One son of deceased namely Shankarlal Motilal Agarwal died on 19.05.2025 leaving behind his widow and three sons. Deceased was survived by three sons, two daughters, daughter-in-law and three grandsons. 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 Kamal Shankarlal Agarwal dated 07.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 14.02.2025 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.

17.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR