Kamlesh Jitendra Shah v. Kanta Jitendra Shah Alias Kantaben Jitendra Shah (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 12th March, 2025 CALLED FOR HEARING :
TP/4926/2024 (E-filing) WITH WILL/1962/2024 Mr. Sandesh Kamble, 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 petitioners namely Kamlesh Jitendra Shah, Beena Kamlesh Shah and Viral Kamlesh Shah all three being Executors named under the Will of deceased. Deceased namely Kanta Jitendra Shah alias Kantaben Jitendra Shah said to have died at Mumbai on 02.05.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copies of Pancard and Aadhaar Card are annexed to the petition.
2. Ld. Advocate for petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 25.06.2009. The said Will is in English language.
3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased was survived by one son, daughter-inlaw, one grandson and one granddaughter. Out of them son, daughter-in-law and grandson are petitioners herein and granddaughter has given her consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Kavyan Hemendra Sanghvi dated 23.01.2025 and Manesh Ramesh Paymaster dated 23.01.2025 both the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 22.11.2024 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. 12.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
SLG