Amit Jitendra Sheth v. Jitendra Himatlal Shah (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13th March, 2025 CALLED FOR HEARING :

TP/5643/2024 (E-filing) WITH WILL/2256/2024 Ms. Kusum G. Poojary, 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 Amit Jitendra Sheth being sole Executor named under the Will of deceased. Deceased namely Jitendra Himatlal Shah said to have died at Mumbai on 25.06.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. Ld. Advocate for petitioner submits that deceased left behind his last Will and Testament which was duly executed at Mumbai on 23.11.2022. The said Will is in English language.

3. Ld. Advocate for petitioner submits that mother of deceased predeceased the deceased who died on 31.07.2020. Since whereabouts of wife of deceased namely Rekha Jitendra Shah nee Rekha Pravinchandra Gandhi not known, Ld. Advocate for petitioner has taken steps for publication and Affidavit of Service dated 31.01.2025 to that effect is filed. Deceased had no daughter and is survived by two sons. Out of them one son is petitioner herein and another son has given his consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Shailesh Himatlal Shah dated 12.09.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 31.01.2025 is filed through paper publication. 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. 13.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG