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Bombay High CourtTP/1898/2024grant issued

Hastimal Balchand Rathod v. Deepchand Ganeshmalji Jain Alias Deepchand Ganeshmal Jain

2025-11-13Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13th November, 2025 CALLED FOR HEARING :

TP/1898/2024 (E-filing) Mr. Anthony Fernandes i/b. Waquar Ahmad, 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 Hastimal Balchand Rathod being sole surviving Executor named under the Will of deceased. The deceased namely Deepchand Ganeshmalji Jain died at Mumbai on 01.07.2018. 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 09.12.2015. The said Will is in English language. The 1st page of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. One executor namely Dr. Shantilal Dalichand Jain died on 18.06.2020 as per para No. 5 of the petition hence, Petitioner is sole surviving Executor named under the Will. Residuary clause in respect of properties of deceased is mentioned at 2nd page of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Widow of deceased since deceased the deceased. Deceased was survived by three sons and two married daughters 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. Affidavit of Hastimal Rathod dated 16.12.2023 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 16.08.2025 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.

13.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR