Kamarjahan Munnalal Shaikh v. Munnalal Janmohammed Shaikh (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 20th November, 2025 CALLED FOR HEARING :

TP/3110/2024 (E-filing) Mr. Ramesh Gupta, 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 Kamarjahan Munnalal Shaikh being sole Executrix named under the Will of deceased. The deceased namely Munnalal Janmohammed Shaikh died at Mumbai on 30.07.2021. 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 10.12.2015. The said Will is in English language. The last page 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. From the first wife, deceased had two daughters. Deceased was survived by two widows and eight daughters. Out of them second widow is petitioner herein and six daughters have given their consents in favour of the petitioner. Consent Affidavits are on record. As per para No. 8 of the petition, petitioner has stated that the whereabouts of the first wife are not known hence, citation is served upon first wife and her two daughters through newspaper publication and Affidavit of Service of publication dated 06.12.2024 is filed to that effect. There are no other legal heirs. Upon perusal of the petition, it is noticed that the address of first wife is the same as of legal heirs of second wife. Affidavit of Deputy Sheriff is not filed. Therefore, Advocate to take steps to serve the citation by hand delivery through the office of Sheriff, Mumbai.

4. Petitioner's oath is filed. Affidavit of Mahjabin Shaikh dated 30.11.2023 one of the Attesting Witness to the Will is filed. In view of the further Affidavit dated 21.08.2025. it is accepted. Affidavit of Service of General Citation dated 01.08.2024 is filed. Administration Bond dated 21.08.2025 is filed.

5. Ld. Advocate for petitioner file praecipe to place on board as and when the matter is ready for final grant.

20.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR