Raj Gokaldas Jaisingh v. Gopi Gokaldas Jaisingh (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17th April, 2025 CALLED FOR HEARING :

TP/3289/2024 (E-filing) Ms. Palak Bindal i/b. Talreja Kanchan, 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 Raj Gokaldas Jaisingh being one of the Executors named under the Will of deceased. The deceased namely Gopi Gokaldas Jaisingh said to have died at Mumbai on 15.03.2021. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copies of Aadhaar Card and Pancard are annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 15.09.2005. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Amrita Raj Jaisingh has filed Affidavit for reliquinshing her rights as Executor dated 24.01.2025.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased had two daughters and one son. Out of them son is petitioner herein and both the daughters 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. Ld. Advocate for petitioner submits that since the Attesting Witnesses are not available, Affidavit of third person namely Teckchand Chellaram Adidasani dated 23.01.2024 is filed at page No. 32 of the petition under Rule 384 of the Bombay High Court (Original Side) Rules, 1980. The said fact is also mentioned in the Affidavit. The said Affidavit is accepted. Affidavit of Service of General Citation dated 18.11.2024 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. 16.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG