Ratan Kumar Shah v. Biharilal Hanumanprasad Shah (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 29th July, 2025 CALLED FOR HEARING :
TP/5965/2024 (E-filing) Mr. Shubham Naik i/b. ANB Legal, 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 Ratan Kumar Shah being sole Executor named under the Will of deceased. The deceased namely Biharilal Hanumanprasad Shah died at Mumbai on 04.09.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.
2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 14.03.2024. The said Will is in English language. The Para No. 3 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 parents and wife of deceased predeceased the deceased. Deceased was survived by three sons and one daughter. Out of them one son is petitioner herein and the daughter and remaining two sons 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 Kirit Narotamdas Mehta and Akshay Mahendra Parmar dated 24.09.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 21.01.2025 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. 29.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR