Dinesh Dayalal Shah v. Madhukanta Ramesh Mehta (Deceased)

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

TP/5011/2024 (E-filing) Ms. Khushbu V. Prabhu, 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 Dinesh Dayalal Shah being sole Executor named under the Will of deceased. Deceased namely Madhukanta Ramesh Mehta alias Madhukantaben R. Mehta alias Madhukanta R. Mehta alias Madhukant Ramesh Mehta said to have died at Mumbai on 17.08.2004. 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 her last Will and Testament which was duly executed at Mumbai on 02.08.2004. The said Will is in English language. Petitioner is one of the Executors and other Executor namely Nilesh Ramesh Mehta has reserved his rights to come and apply for Probate later on by an Affidavit dated 19.09.2024 which is annexed to the petition as Exhibit - "C".

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Husband of deceased died on 03.12.2011. Deceased had no daughter and was survived by two sons who both 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 Eknath Gulabrao Disale and Mukta Manglesh Singh both dated 19.09.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 28.11.2024 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. 25.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG