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

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

TP/4130/2024 (E-filing) Ms. Sadaf Ansari i/b. 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 and official translation of the said Will of the Chief Translator, Bombay High Court, is separately uploaded on the official portal of the Bombay High Court. 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.

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4. Petitioner's oath is filed. Affidavit of Rasiklal M. Shah dated 08.10.2025 one of the Attesting Witnesses to the Will is filed. Affidavit of Service of General Citation dated 18.01.2025 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.

13.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR