Nilesh Bhupatray Shah And ANR v. Bhupatray Lalchand Shah (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 9th May, 2025 CALLED FOR HEARING :

TP/6101/2024 (E-filing) Mr. Viraj Raiyani i/b. AVP Partners, 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 Nilesh Bhupatray Shah and Hemankshu Jagdish Parekh being Executors named under the Will of deceased. The deceased namely Bhupatray Lalchand Shah died at Mumbai on 10.04.2024. 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 27.11.2023. The said Will is in English language. The Para No. 7.1 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as widower. Deceased was survived by three sons. Out of them one son is petitioner No. 1 herein and all other 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. Affidavits of Sachin Dhaneshkumar Madhani and Mehul Porus Marfatia dated 21.08.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 31.01.2025 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. 09.05.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR