Roshni Feroze Soonawala v. Dipak Rajnikant Shah (Deceased)
BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 31st July, 2025 CALLED FOR HEARING :
TP/329/2025 (E-filing) Ms. Jyoti Badgujar i/b. Desai Desai Carimjee and Mulla, 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 Roshni Feroze Soonawala being one of the Executors named under the Will of deceased. The deceased namely Dipak Rajnikant Shah died at Mumbai on 30.05.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.
2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 31.01.2023. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executrices. Only two Executrices appointed under the Will. Petitioner is one of the executrices and another executrices namely Dipali Jignesh Sanghvi has reserved her rights and Affidavit dated 10.12.2024 is filed to that effect.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow and two daughters. Out of them one daughter is petitioner herein and the widow and another daughter 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 Radhika Malhotra dated 10.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 17.02.2025 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. 31.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR