Pragnesh Chunilal Shah v. Rajendra Chunilal Shah (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 25th March, 2025 CALLED FOR HEARING :

TP/4671/2024 (E-filing) Mr. Kirit Ramlal Purohit, 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 Pragnesh Chunilal Shah being sole surviving Executor named under the Will of deceased. Deceased namely Rajendra Chunilal Shah said to have died at Mumbai on 11.04.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. Ld. Advocate for petitioner submits that deceased left behind his last Will and Testament which was duly executed at Mumbai on 10.05.2020. The said Will is in handwritten and in Gujarati language. Official translation of the Will is filed separately through e-filing. The other Executor namely Jyostna Rajendra Shah, wife of deceased died on 11.07.2020. Hence, petitioner only sole surviving Executor. Ld. Advocate for petitioner seeks leave to carry out corrections in the cause title of the petition as 'sole surviving Executor' instead of 'one of the Executors'. The said corrections are allowed. Ld. Advocate for petitioner to carry out corrections within two weeks from the date of uploading of this order. Ld. Advocate for petitioner re-upload the corrected petition on the official portal of the Bombay High Court and get it approved from the Registry.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Wife of deceased namely Jyotsna Rajendra Shah died on 11.07.2020. Deceased died issue-less. Deceased was survived by one brother who is petitioner herein. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Sachin G. Pagdhare dated 11.09.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 23.10.2024 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed after re-upload the corrected petition on the official portal of the Bombay High Court by the Advocate and approved by the Registry and after verifying whether any cross petition is filed or whether any caveat is filed.

25.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG