Hashmukh Chandmal Rathod v. Rathod Chandmal Balchand Alias Chandmal Balchand Rathod

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 26th February, 2026 CALLED FOR HEARING :

TP/303/2026 (E-filing) WITH WILL/83/2026 Ms. Krutisha Pandey i/b. Bhavin Bhatia, 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 Hashmukh Chandmal Rathod being Executor named under the Will of deceased. The deceased namely Rathod Chandmal Balchand died at Mumbai on 26.07.2004. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Election Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 10.04.2004. The said Will is in English language. The Para No.2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. The properties mentioned in Schedule I annexed to the petition are referred in para Nos. 5(b), (c) and (d) the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Widow of deceased since deceased the deceased. Deceased was survived by five sons and one daughter. Out of them one son is petitioner 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 Kantilal Rathod dated 24.07.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 06.02.2026 is filed. Delay is explained and the same is condoned. 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.

26.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR