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Bombay High CourtTP/2775/2024grant issued

Harshida Nilesh Sheth v. Rajnikant Alias Rajanikant Dayalal Shah

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/2775/2024 (E-filing) Mr. Jay Varia i/b. Dhruvi Vora, 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 Harshida Nilesh Sheth being sole Executrix named under the Will of deceased. The deceased namely Rajnikant Dayalal Shah died at Mumbai on 02.05.2023. 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 28.04.2023. The said Will is in English language. The 2nd page of the Will refers to the appointment of Executrix. Only one Executrix appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at para No. 6 of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Son of deceased namely Nimesh Shah predeceased the deceased, leaving behind his widow and one son. Widow of the said Nimesh has remarried. Deceased was survived by his widow, one daughter and one grandson. Out of them daughter is petitioner herein and the widow has given her consent in favour of the petitioner herein. Consent Affidavit is on record. Affidavit of Service through newspaper publication dated 26.09.2025 for service upon grandson of deceased namely Vachan Nimesh Shah is filed. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of Sameer Bandivadekar and Bhaskar V. Shetty dated 14.08.2023 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 14.02.2025 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