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Bombay High CourtTP/2208/2025grant issued

Shakuntala Ashwin Parikh v. Ashwin Natvarlal Parikh

2025-09-24Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 24th September, 2025 CALLED FOR HEARING :

TP/2208/2025 (E-filing) Mr. Pulkit Tiwari i/b. Integrum Legal, 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 Shakuntala Ashwi Parikh being sole Executrix named under the Will of deceased. The deceased namely Ashwin Natvarlal Parikh died at U.S.A. on 12.07.2015. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at USA on 14.10.2011. The said Will is in English language. The item No. 4 of the Will refers to the appointment of Executrix. Only one Executrix appointed under the Will who is petitioner herein.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow, one son and one daughter. Out of them widow is petitioner herein and the son and daughter 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. Petitioner has filed Affidavit of Nimisha Ashwin Parikh dated 13.12.2024 who was present at the time of execution of the Will. As per para No. 2 of the said Affidavit, the original Attesting Witnesses are not traceable by the petitioner and therefore, petitioner has filed the Affidavit of daughter of deceased who was present at the time of execution of Will. The same is accepted under Rule 384 of the Bombay High Court (Original Side) Rules, 1980. Affidavit of Service of General Citation dated 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.

24.09.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR