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Bombay High CourtTP/2582/2024grant issued

Bharat Dhirajlal Shah v. Shardaben Dhirajlal Shah Alias Sharda Widow Of Late Dhirajlal Ghelachand Shah

2025-09-23Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

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

TP/2582/2024 (E-filing) Mr. Pramodkumar Vachheta, 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 Dhirajlal Shah being sole Executor named under the Will of deceased. The deceased namely Shardaben Dhirajlal Shah died at USA on 15.08.2018. 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 her last Will and Testament which was duly executed at Mumbai on 02.05.2008. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executors. Only one Executor appointed under the Will who is petitioner herein. The alternate executor namely Hasmukh Dhirajlal Shah has renounced his rights to act as an Executor and Affidavit dated 17.02.2024 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. One son of deceased namely Tarun died on 05.09.2019 leaving behind his widow and three sons. Deceased was survived by seven sons, one daughter, one daughter-in-law and three grandsons. Out of them one son is petitioner herein and all other legal heirs 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 Sanjay Dmello dated 21.06.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 19.11.2024 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