Shailesh Chimanlal Shah v. Taralaxmi Chimanlal Shah

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 14th August, 2025 CALLED FOR HEARING :

TP/2715/2025 (E-filing) Mr. Sushil Inamdar i/b. Ajit Shrikhande, 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 Shailesh Chimanlal Shah being one of the Executors named under the Will of deceased. The deceased namely Taralaxmi Chimanlal Shah died at New Jersey on 22.11.2017. 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 her last Will and Testament which was duly executed at USA on 03.07.2012. The said Will is in English language. The Para No. 9 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Rashmikant Chimanlal Shah died on 28.09.2018 and copy of death certificate is annexed to the petition as Exhibit - "C".

3. Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. One son of deceased namely Rashmikant died on 28.09.2018 leaving behind his widow and one son. Deceased was survived by one son, two daughters, one daughter-in-law and one grandson. Out of them 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. Petitioner has filed Affidavit dated 17.02.2024 and which has been accepted as an Affidavit of the Attesting Witness to the Will under Rule 384 of the Bombay High Court (Original Side) Rules, 1980 by an order dated 29.04.2025. Affidavit of Service of General Citation dated 09.07.2025 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.

09.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG