Suresh Khatau Kapadia v. Jyoti Ajitsingh Merchant (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 30th April, 2025 CALLED FOR HEARING :

TP/5293/2024 (E-filing) Ms. Sapna Sharma i/b. K Ashar and Co., 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 Suresh Khatau Kapadia and Heena Bimal Merchant being Executors named under the Will of deceased. The deceased namely Jyoti Ajitsingh Merchant died at Mumbai on 11.03.2023. 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 her last Will and Testament which was duly executed at Mumbai on 25.09.2019. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will and both are petitioners herein.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased had no daughter and was survived by one son only who has given his consent in favour of petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Dr. Bhadresh Shah dated 06.09.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 16.01.2025 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. 30.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR