Asha Arun Javeri v. Arun Kanaiyalal Javeri Alias Javeri Arun Kanaiyalal (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17th April, 2025 CALLED FOR HEARING :
TP/6058/2024 (E-filing) Ms. Shaila Vinay Pathak, 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 Asha Arun Javeri being one of the Executrices named under the Will of deceased. The deceased namely Arun Kanaiyalal Javeri died at Mumbai on 15.07.2014. 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 30.11.2011. he said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. The five Executors appointed under the Will. Petitioner is one of the execturix and other executors namely Samir Jitendra Javeri, Geeta Sunil Shah, Smita Paresh Sheth and Amita Jatin Choksi have filed Affidavits for renouncing their rights to execute the Will. The said Affidavits dated 19.11.2024 filed to that effect.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died issue-less. Deceased was survived by widow who is petitioner herein. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Toral Jayesh Shah dated 21.11.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 27.01.2025 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. 16.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
SLG