Bombay High CourtTP/3156/2024grant issued

Drumil Jitendra Merchant v. Dr Miss Mina Ramakant Merchant (Deceased)

2025-06-11Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 11th June, 2025 CALLED FOR HEARING :

TP/3156/2024 (E-filing) Mr. Ashok Satpute, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Drumil Jitendra Merchant being one of the Executors named under the Will of deceased. The deceased namely Dr. Mina Ramakant Merchant died at Mumbai on 05.02.2023. 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 her last Will and Testament which was duly executed at Mumbai on 06.08.2022. The said Will is in English language. The Para No. 17 of the Will refers to the appointment of Executor. Only four Executors appointed under the Will. Petitioner is one of the executors and remaining three executors namely Arpit Drumil Merchant, Srishti Aggarwal and Priyal Drumil Merchant have reserved their rights to execute the Will and Affidavit dated 20.12.2024 and 25.10.2024 are filed to that effect respectively.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Deceased had one brother namely Jitendra Ramakant Merchant who died on 18.03.2006 and wife of Jitendra died on 18.07.2019. The said brother left behind his only son. Deceased was survived by one nephew who is petitioner herein. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Mohini Kirtan Mahadevia dated 07.02.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 05.08.2024 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. 11.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR