Sanjay Manekraj Pagaria v. Premraj Futarmal Bafna (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 9th July, 2025 CALLED FOR HEARING :
TP/490/2025 (E-filing) Ms. Isha Bafna a/w. Tisha Sonkar, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Sanjay Manekraj Pagaria being sole Executor named under the Will of deceased. The deceased namely Premraj Futarmal Bafna died at Mumbai on 27.06.2019. 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 12.09.2017. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Wife of deceased died on 08.02.2024. One son of deceased namely Shailesh Bafna died on 28.11.2011 leaving behind his wife and two daughters. Deceased was survived by one son, two daughters, one daughter-inlaw and two granddaughters 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. Affidavits of Shailesh Vakharia and Sunil A. Hirani dated 20.08.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 04.03.2025 is filed. Delay is explained and the same is condoned. 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. 09.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR