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Bombay High CourtTP/4151/2024grant issued

Kamlesh Himatlal Shah v. Kanakchandra Bhagwanji Shah (Deceased)

2025-11-04Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Ajay BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 04th November, 2025 CALLED FOR HEARING :

TP/4151/2024 (E-filing) WITH WILL/1636/2024 Mr. D. R. Mishra, 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 Kamlesh Himatlal Shah, being Surviving Executor named under the Will of deceased. The deceased namely Kanakchandra Bhagwanjishah, died at Mumbai on 14.03.2013. Copy of death certificate is annexed to the petition. As no identification proof of the deceased found hence, Advocate for petitioner has filed Affidavit of the petitioner for Documentary Proof dated 10.05.2024. The same is accepted.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 01.03.2013. The said Will is in English language. The Para No. 5 of the Will refers to the appointment of Executor. Two Executors appointed under the Will. Out of them one executor is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at para No. 8 of the Will.

3. Ld. Advocate for petitioner submits that, as per para 9 of the petition, mother of deceased predeceased the deceased. Deceased was survived by one brother, three nieces, three nephews, one wife of the nephew, two daughter of the nephew, one daughter and one son of niece. Out of them one nephew is petitioner herein and all legal heirs have given their consent. Consent Affidavits are on record. There are no other legal heirs. ... 2

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4. Petitioner's oath is filed. Affidavit of Jinal K. Shah dated 13.05.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 09.06.2025 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. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR 04.11.2025