Bharat Bhagwat Prasad Patel v. Bhagawati Bhai Patel Alias Bhagwati Ishwarbhai Patel Alias Bhagavati Bhai Patel (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 23rd September, 2025 CALLED FOR HEARING :

TP/1614/2024 (E-filing) Ms. Sneha Patil i/b. Maniar Srivastava Associates, 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 Bharat Bhagwat Prasad Patel being sole Executor named under the Will of deceased. The deceased namely Bhagwati Bhai Patel died at Mumbai on 21.01.2000. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Election Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 14.01.1998. The said Will is in English language. The Para No. 5 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 deceased predeceased the deceased. Widow of deceased since deceased the deceased who died on 19.03.2008. Deceased was survived by two sons. Out of them one son is petitioner herein and another son has been served with the citation through the office of Sheriff, Mumbai and Affidavit of Service dated 03.03.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of Pankaj B. Shah and Narendra A. Murdeshwar dated 02.09.2023 and 06.09.2023 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 29.04.2025 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.

23.09.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR