Bhagudevi Shantilal Kothari v. Shantilal Devilal Kothari

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 21st August, 2025 CALLED FOR HEARING :

TP/3009/2024 (E-filing) Mr. Jayant Wani i/b. Sameer Bhandari, Advocate for petitioners 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 Bhagudevi Shantilal Kothari being sole Executrix named under the Will of deceased. The deceased namely Shantilal Devilal Kothari died at Mumbai on 16.03.2018. 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 23.02.2015. The said Will is in English language. The Page No. 19 of the petition refers to the appointment of Executor. Only one Executor 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, two sons and one daughter. Out of them widow is petitioner herein and two sons have given their consents in favour of the petitioner. Consent Affidavits are on record. Daughter namely Sapana Sandeep Kamat had filed Caveat (L) No. 24503 of 2024 has been disposed of under Rule 986 of the Bombay High Court (Original Side) Rules, 1980 dated 22.01.2025. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Dharmendra Chaganlal Pamecha dated 09.02.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 15.04.2025 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.

21.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR