Ashwin Shantilal Mehta v. Rasila Shantilal Mehta (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 3rd April, 2025 CALLED FOR HEARING :

TP/6015/2024 (E-filing) Ms. Chitra Mhaske i/b. Joy 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 Ashwin Shantilal Mehta being one of the Executors named under the Will of deceased. The deceased namely Rasila Shantilal Mehta died at Mumbai on 26.04.2020. 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 05.09.2017. The said Will is in English language. Petitioner is one of the executors and another executor namely Hitesh Shantilal Shah has reserved his rights as an Executor and Affidavit dated 18.03.2025 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Son of deceased namely Harshad Shantilal Mehta predeceased the deceased, leaving behind his widow and one son. Deceased was survived by three sons, one daughter, one daughter-in-law and one grandson who all legal heirs 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 Arun V. Shetty dated 16.10.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 20.01.2025 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. 03.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR