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Bombay High CourtTP/96/2026grant issued

Dayaben Kantilal Shah v. Ashru Vanmalidas Shah

2026-02-24Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 24th February, 2026 CALLED FOR HEARING :

TP/96/2026 (E-filing) WITH WILL/37/2026 Mr. Rahul Agrawal i/b. Purnanand and Co., Advocate for petitioners PC :

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioners namely Dayaben Kantilal Shah and Ashwin Kantilal Shah being Executors named under the Will of deceased. The deceased namely Ashru Vanmalidas Shah died at Mumbai on 04.07.2025. 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 03.01.2024. The said Will is in English language. The Para No.3 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will who both are petitioners herein. Residuary clause in respect of properties of deceased is mentioned at page No. 5 of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Deceased had one brother namely Kantilal V. Shah who died leaving behind three daughters and three sons. Deceased was survived by three nephews and three nieces. Out of them one nephew is petitioner No. 2 herein and all other legal heirs have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Simran Gupta dated 24.11.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 23.01.2026 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.

24.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR