Sheelan Ulhas Chawathe v. Gunvanti Pitambardas Shah (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 6th August, 2025 CALLED FOR HEARING :

TP/5397/2024 (E-filing) Ms. Tanvi Nadkarni, 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 Sheelan Ulhas Chawathe being one of the Executors named under the Will of deceased. The deceased namely Gunvanti Pitambardas Shah died at Mumbai on 03.11.2011. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 17.07.2024 for dispensation of identification proof of deceased. The same is accepted.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 28.04.2007. The said Will is in English language. The Page No. 3 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 Prabha Pitambardas Shah has renounced her rights to act as an Executor and Affidavit dated 10.07.2024 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. One sister of deceased namely Kalpana Ulhas Chawathe died on 29.07.2023 leaving behind one son. Deceased was survived by three sisters, four brothers and one nephew. Out of them nephew is petitioner herein and one sister has given her consent in favour of the petitioner. Consent Affidavit is on record. Whereabouts of all the other legal heirs not know hence, petitioner has done newspaper publication and Affidavit of Service of Publication dated 21.04.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Hansa G. Desai dated 10.07.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 18.02.2025 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.

06.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG