Haresh Vithal Parmar v. Vithal Trikambhai Parmar (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 22nd April, 2025 CALLED FOR HEARING :

TP /4362/2024 (E-filing) Mr. Mehul Shah, 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 Haresh Vithal Parmar being sole Executor named under the Will of deceased. The deceased namely Vithal Trikambhai Parmar died at Mumbai on 19.07.2021. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 11.11.2019. The said Will is in English language. The last para of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.

3. Ld. Advocate for petitioner submits that son of deceased namely Kishor Vithal Parmar died on 07.07.2016 leaving behind his wife, daughter and son. . Deceased was survived by mother, widow, two sons, one daughter-in-law, one granddaughter and one grandson. Son of deceased namely Jagdish V. Parmar is 41 years old and is of unsound mind. The mother of Jagdish namely Muktaben V. Parmar has filed an Affidavit dated 25.09.2024 on behalf of her son and giving consent in favour of petitioner. By an order dated 03.04.2025 passed by this Hon'ble Court has accepted the said Affidavit and directed the Registry to proceed accordingly. Rest of all the legal heirs 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. Affidavits of Jagdish Jivrajbhai Chawda and Paresh Bhupatbhai Parmar both dated 23.07.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 23.09.2024 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. 22.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR