Jeetendra Harikishan Vatnani v. Narain Tekchand Ramrakhiani (Deeased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 25th April, 2025 CALLED FOR HEARING :
TP/1420/2024 (E-filing) Ms. Pooja Shah, 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 Jitendra Harikishan Vatnani and Deepak Lal Bahirwani both being Executors named under the Will of deceased. The deceased namely Narain Tekchand Ramrakhiani died at Mumbai on 23.01.2023. 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 Mumbai on 16.03.2021. The said Will is handwritten in English language. The Para No. 4 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased had one daughter from his first wife. First marriage of the deceased was dissolved by an order dated 08.01.1992 and second marriage was dissolved by an order dated 09.05.2022. Deceased was survived by two married daughters and one son. Out of them son and one daughter have given their consents in favour of the petitioner. Consent Affidavits are on record. Another daughter namely Chandani Datta has been served through newspaper publication and Affidavit of Service of Publication dated 17.02.2025 is filed to that effect. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavits of Vishal Gopal Wadhwa and Vijay Tulsidas Ved both dated 02.04.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 27.01.2025 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. 25.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
SLG