Hema Babubhai Parekh v. Kusum Babubhai Parekh (Decased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 9th July, 2025 CALLED FOR HEARING :
TP/5575/2024 (E-filing) Ms. Sweta Moghe, 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 Hema Babubhai Parekh being sole Executor named under the Will of deceased. The deceased namely Kusum Babubhai Parekh died at Mumbai on 03.05.2003. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.
2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 18.12.2000. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.
3. Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. Deceased was survived by two sons and one daughter. Out of them daughter is petitioner herein and both the son 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 Sushil Parekh dated 30.04.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 17.01.2025 is filed. Delay is explained and the same is condoned. 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. 09.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR