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Bombay High CourtTP/3591/2024grant issued

Sandeep Bhadresh Mody v. Rekha Bhadresh Mody Deceased

2025-08-21Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

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

TP/3591/2024 (E-filing) Mr. Pratik Jhaveri, Advocate for petitioners PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament alongwith Two Codicils of deceased filed by petitioner namely Sandeep Bhadresh Mody being one of the Executors named under the Will of deceased. The deceased namely Rekha Bhadresh Mody died at Mumbai on 08.03.2024. 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 25.02.2000 and Two Codicisl were duly executed at Mumbai on 28.04.2005 and 26.09.2013 respectively. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executrix namely Bina Sandeep Mody has renounced her rights to act as an Executor and Affidavit dated 10.06.2024 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased was survived by one son and two daughters. 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. Affidavit of Tushar Agarwal dated 06.11.2024 one of the Attesting Witness to the Will is filed. Affidavit of Sudhir Shetty dated 10.06.2024 one of the Attesting Witness to both the Codicils is filed. Affidavit of Mehul Chauhan dated 10.06.2024 one of the Attesting Witness to the Codicil dated 26.09.2013 is filed. Affidavit of Service of General Citation dated 09.08.2024 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.

21.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG