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Bombay High CourtTP/3664/2024grant issued

Bharati Ramesh Gohil v. Kachaben Hansraj Pithadia- Deceased

2025-07-09Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 9th July, 2025 CALLED FOR HEARING :

TP/3664/2024 (E-filing) Mr. Tritesh Kotian, 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 Bharati Ramesh Gohil being one of Executors named under the Will of deceased. The deceased namely Kachaben Hansraj Pithadia died at Mumbai on 14.02.2019. 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 23.12.2015. The said Will is in English language. The Para No. 6 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Liyakatali Mohmmed Ismail Sheikh has renounced his rights to act as an Executor and Affidavit dated 06.04.2023 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 one daughter. Out of them son has given his consent in favour of the petitioner. Consent Affidavit is on record. Daughter of deceased has been served with the citation and Affidavit of Service dated 06.01.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Bharati Ramesh Gohil dated 22.04.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 27.08.2024 is filed. Delay is explained and the same is condoned. 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. 09.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG