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Bombay High CourtTP/4858/2024grant issued

Darsh Bhupendra Kapasi v. Bhupendra Shantilal Kapasi (Deceased)

2025-10-15Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 15th October, 2025 CALLED FOR HEARING :

TP/4858/2024 (E-filing) Ms. Jigna Shah i/b. VNN, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament alongwith Codicil of deceased filed by petitioner namely Darsh Bhupendra Kapasi being one of the Executors named under the Will of deceased. The deceased namely Bhupendra Shantilal Kapasi died at Mumbai on 18.12.2023. 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 25.11.2020 and the Codicil was duly executed at Mumbai on 05.09.2023. The said Will and Will are in English language. The Para No.5 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Purav Shah has renounced his rights to act as an Executor and Affidavit dated 29.04.2024 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 6 of the Codicil.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by his widow, one son and two daughters. Out of them son is petitioner herein and the widow and two daughters 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 Usman Inamdar and Mangesh Chavan dated 13.06.2024 both the Attesting Witnesses to the Will are filed. Affidavits of Rajen Gandhi dated 11.06.2024 and Purav Shah dated 13.06.2024 both the Attesting Witnesses to the Codicil are filed Affidavit of Service of General Citation dated 18.11.2024 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.

15.10.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR