Suresh Ramjibhai Mistry v. Late Ramji Bhavan Mistry (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 26th June, 2025 CALLED FOR COMPLIANCE :

TP/4130/2024 (E-filing) Mr. Harshal Damania, 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 petitioners namely Suresh Ramjibhai Mistry and Sanjay Ramjibhai Mistry being Executors named under the Will of deceased. The deceased namely Ramji Bhavan Mistry died at Mumbai on 04.05.2002. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Election Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 18.02.1998. The said Will is in Gujarati language. Ld. Advocate for petitioner has not filed his Affidavit with respect to certifying it true and correct translation of the Will. The Para No. 2 of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Out of them two executors are petitioners herein and one executor namely Arvind Ramji Mistry died on 31.10.2019 and copy of death certificate is annexed to the petition as Exhibit - "C".

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was married to Kankuben and deceased remarried to Champaben. Deceased and Kankuben had two daughters from their wedlock who are expired and they are survived by four grandsons and two granddaughters. Second wife namely Champaben and deceased had one daughter and three sons. Out of them one son namely Arvind died leaving behind his two sons. Therefore, Champaben and deceased was survived by one daughter, two sons and two grandsons. Citation has been served upon all the legal heirs through the office of Sheriff, Mumbai and Affidavit dated 16.01.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of the Attesting Witness to the Will is not filed. Affidavit of Service of General Citation dated 18.01.2025 is filed.

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5. Ld. Advocate for petitioner file praecipe to place on board as and when all compliance is done in this matter. Hence, remove from board. 26.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR