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Bombay High CourtTP/5641/2024grant issued

Shreyanshraj Sevantilal Shah And 2 ORS v. Vasumati Sevantilal Shah (Deceased)

2025-04-09Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 9th April, 2025 CALLED FOR HEARING :

TP/5641/2024 (E-filing) Ms. Shruti Lakhani, Advocate for petitioner PC :

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last photocopy of Will and Testament of deceased filed by petitioner name Shreyanshraj Sevantilal Shah, Vipulraj Sevantilal Shah, Bhadreshraj Sevantilal Shah being Joint Executor named under the Will of deceased. The deceased namely Vasumati Sevantilal Shah is said to have died at Mumbai on 11.11.2021. Copy of the death certificate is annexed to the petition. Identification proof of deceased viz. copy of the Aadhaar Card is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 28.07.2013. The said Will is in Gujarati language hence, Advocate for petitioner has filed her Affidavit dated 23.12.2024 certifying that the translation is true and correct. The Para No. 3 of the Will refers to the appointment of Executor. Only three Executors appointed under the Will who all are petitioners herein.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Husband of deceased died on 18.05.2020. Deceased was survived by three sons and three daughters. Out of them three sons are petitioner herein and all the three daughters 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 Tushar Premchand Shah and Dr. Vasant P. Jain both dated 31.08.2023 both the Attesting Witnesses to the Will is filed. Affidavit of Service of General Citation dated 24.01.2025 filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue LIMITED Probate as prayed until the original Will is produced and after verifying whether any cross petition is filed or whether any caveat is filed.

09.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG