Asha Vallabh Patel v. Dayal Narshi Govin Aka Dayal Narshi

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13th August, 2025 CALLED FOR HEARING :

TP/3875/2024 (E-filing) Mr. Ravi Rattesar i/b. M/s. S. Kothari Co., Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament and Codicil of deceased filed by petitioner namely Asha Vallabh Patel being one of the Executors named under the Will of deceased. The deceased namely Dayal Narshi Govin died at Newzealand on 11.07.2022. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Newzealand on 27.02.2019 and the Codicil was also duly executed at Newzealand on 22.02.2022. The executor not appointed under the Will but para No. 3 of the Codicil appoints two executors. The said Will and Codicil are in English language. Petitioner is one of the executors and another executor namely Bharati Patel has renounced her rights to act as an executor and Affidavit dated 14.11.2023 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as bachelor. One brother of deceased namely Vallabh Narsai died on 01.06.2016. Deceased was survived by one sister and three nieces. Out of them one niece is petitioner herein and the the sister and two nieces 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. Two separate Affidavits of Dr. Indu Kapoor dated 06.04.2023 one of the Attesting Witnesses to the Will as well as Codicil are filed. Affidavit of Service of General Citation is filed on 11.11.2024. 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.

13.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG