Jatin Ramsh Diwan Alias Jatin Rameshchandra Diwan v. Balvantrai Chhotubhai Desai (Deceased)

Ajay BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 06th November, 2025 CALLED FOR HEARING :

TP/1134/2025 (E-filing) WITH WILL/464/2025 Ms. Leena Temkar, 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 Jatin Ramesh Diwan being one of the Executors named under the Will of deceased. The deceased namely Balvantrai Chhotubhai Desai died at Surat on 31.10.2007. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Surat on 26.04.2004. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Chetan Diwan has renounced his rights to act as an Executor and Affidavit dated 06.11.2024 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by one son, who filed his consent Affidavit separately. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Ketan Kishorchandra Upadhyay dated 07.08.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 15.09.2025 is filed. All other legal formalities are complied with. Hence, petition is granted. ... 2

Ajay - 2 -

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR 06.11.2025