Amit Shankarlal Mundhra v. Chandadevi Kanhailal Mundhra (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 8th July, 2025 CALLED FOR HEARING :
TP/349/2025 (E-filing) Mr. Ayush Yadav i/b. Clove Legal, Advocate for petitioner PC :
1. Perused Petition. Heard Ld. Advocate for petitioner. Ld. Advocate for petitioner seeks leave to amend the title and insert the word "photocopy" instead of "copy" of the Will and also amend the prayer clause of the petition for LIMITED grant. Amendment is allowed. Ld. Advocate for petitioner to carry out amendment within four weeks from the date of uploading of this order. Ld. Advocate for petitioner re-upload the amended petition on the official portal of the Bombay High Court.
2. This petition is for Probate of photocopy of last Will and Testament of deceased filed by petitioner namely Amit Shankarlal Mundhra being sole Executor named under the Will of deceased. The deceased namely Chandadevi Kanhaiyalal Mundhra died at Mumbai on 10.10.2022. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.
3. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 22.07.2020. The said Will is in English language. The Para No. 3(a)(i) of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.
4. Ld. Advocate for petitioner submits that deceased was survived by husband and one son who have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.
5. Petitioner's oath is filed. Affidavit of Prabhudayal Mundhra dated 26.03.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 25.02.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.
6. Office to issue LIMITED Probate as soon as amendment is carried out as stated hereinabove and after verifying whether any cross petition is filed or whether any caveat is filed.
08.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR