Ketan Kantilal Trivedi v. Kantilal Jatashankar Trivedi (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 16th April, 2025 CALLED FOR HEARING :
TP/4866/2024 (E-filing) Ms. Karkada Sweedal Samson, 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 Ketan Kantilal Trivedi being sole Executor named under the Will of deceased. The deceased namely Kantilal Jatashankar Trivedi said to have died at Mumbai on 10.01.2023. 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 16.09.2017. The said Will is in English language. The Para No. 4 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow, one son (petitioner herein) and two granddaughters. Deceased had one son and one daughter. Daughter of deceased namely Daksha Haresh Joshi died on 13.06.2005, leaving behind two daughters. 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. Affidavit of Rohit Bhogilal Gandhi dated 23.10.2024 and Shriram Trimbak Kapse dated 24.10.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 17.03.2025 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. 16.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR