Himesh Hiru Shahani v. Hiru Govindram Shahani (Deceased)
Ajay BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 23rd June, 2025 CALLED FOR COMPLIANCE :
TP/1222/2025 WITH WILL/502/2025 (E-filing) Mr. Sudhir Yadav i/b. Adv. Agnes Altaf Baradia, 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 Himesh Hiru Shahani being sole Executor named under the Will of deceased. The deceased namely Hiru Govindram Shahani said to have died at Mumbai on 28.10.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copies of Aadhar card and Pan Card are annexed to the petition.
2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 23.02.2022. The said Will is in English language. The Para No. 4 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will, who is petitioner herein.
3. Ld. Advocate for petitioner submits that parents of the deceased predeceased the deceased. Deceased was survived by his wife and one son. The son is petitioner herein. The citation was sent to Wife however, the Affidavit of Service dated 09.06.2025 shows that the service is refused and the registered package is return with remark "Refused". There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Mukesh Sharma and Shital Sharma dated 19.12.2024 filed the Attesting Witness to the Will are filed. Affidavit of Service of General Citation dated 09.06.2025 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. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR 23.06.2025
Ajay