Sanjay Sumtilal Shah v. Kalavati Madhukant Jhaveri (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 8th May, 2025 CALLED FOR HEARING :

TP/5861/2024 (E-filing) Mr. Devanshu P. Desai, 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 Sanjay Sumtilal Shah being sole Executor named under the Will of deceased. The deceased namely Kalavati Madhukant Jhaveri died at Mumbai on 07.03.2022. 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 14.02.2022. The said Will is in English language. The Para No. 6 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.

3. Ld. Advocate for petitioner submits that parents, husband and daughter of deceased predeceased the deceased. Deceased was survived by son-in-law and two grandsons. Out of them son-in-law is petitioner herein and both the grandsons 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 Shreyash Popatlal Shah dated 08.03.2023 and Ajay Popatlal Shah dated 10.03.2023 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 23.01.2025 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. 08.05.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR