Rekhaben Arvindkumar Harikisun And ANR v. Arjunbhai Hargovind Rathod Alias Arjunbai Hargovindas Rathod (Deceased)
SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 16th December, 2025 CALLED FOR HEARING :
TP/341/2025 (E-filing) WITH WILL/137/2025 Mr. D. R. Mishra, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament alongwith Codicil of deceased filed by petitioners namely Rekhaben Arvindkumar Harikisun and Hansaben Jaivadan Khatri being Executrices named under the Will of deceased. The deceased namely Arjunbhai Hargovind Rathod died at Mumbai on 12.06.2016. 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 25.02.2015 and Codicil was duly executed at Mumbai on 01.10.2015. The said Will and Codicil are in English language. The Para No.1 of the Will refers to the appointment of Executrices. Only two Executrices appointed under the Will who are petitioners herein. Residuary clause in respect of properties of deceased is mentioned at para No. 6 of the Will.
3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by four daughters. Out of them two daughters are petitioners herein and remaining two daughters have given their consents in favour of the petitioners herein. Consent Affidavits are on record. There are no other legal heirs.
4. Petitioner's oath is filed. Two separate Affidavits of Vijay Damania dated 09.09.2024 one of the Attesting Witness to the Will as well as Codicil are filed. Affidavit of Service of General Citation dated 21.02.2025 is filed. All other legal formalities are complied with. Ld. Advocate for petitioner has produced the acknowledgment dated 15.01.2025 stating that the Codicil was also filed in the present petition. 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.
16.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR