Sanjay Ushakant Ladiwala v. Falguni Sanjay Ladiwala ( Deceased)

Ajay BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 21st FEBRUARY, 2025 CALLED FOR DIRECTION :

TP/3942/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Yash Sinha i/b. Mr. Tushar Goradia, WITH Advocate for petitioner.

WILL/1553/2024 P.C.: 1. Perused the petition. While finalizing the grant, office has raised objection as per Will, petitioner is Sole Executor, why the renouncing the rights, Advocate to explain.

2. Heard Ld. Advocate for petitioner. Advocate for petitioner submits that the petitioner being one of the Executor named under the last Will and Testament of the deceased in that Capacity, is applying for grant of probate of said Will. However, since the petitioner is alive and available, no executorship arises in favour of the other Executor named in the said Will viz. (i) Nandini Paresh Kapashi, (ii) Matisha Sanjay Ladiwala and (iii) Nihal Sanjay Ladiwala. However as and by way of abundant caution, the other Executors named in the said Will are renouncing their right for Probate and execution of the said Will.

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Ajay CONTD.

- 2 - TP/3942/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

3. Advocate for petitioner submits that he will WITH carry out correction in cause title of the petition WILL/1553/2024 with respect to the capacity of the petitioner is "Sole Executor" as well as para 5 of the petition. Advocate for petitioner is directed to carry out corrections forthwith and upload the corrected version of the petition.

4. In view of the said correction, in my order dated 20.01.2025 in para no. 5 of the order will be read as the petitioner is sole executor named under the last will and testament of the deceased.

5. Office to proceed with grant as soon as Advocate for petitioner will upload the corrected version of the petition.

21.02.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR