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Bombay High CourtTP/423/2025grant issued

Nitish Dhirubhai Patel v. Dhirubhai Naranji Patel (Deceased)

2025-06-18Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 18th June, 2025 CALLED FOR HEARING :

TP/423/2025 (E-filing) Mr. Sushil Inamdar i/b. A. B. Shrikhande, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Nitish Dhirubhai Patel being one of the Executors named under the Will of deceased. The deceased namely Dhirubhai Naranji Patel died at Mumbai on 16.03.2012. 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 05.07.2008. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only four Executors appointed under the Will. Petitioner is one of the executors and remaining executors namely Gaurang Jayantilal Patel, Bindumadhao Weerkant Nagarkar and Amrish Shantikumar Vaidya have renounced their rights to act as an executors and Affidavit of Renouncing dated 08.11.2024 are filed to that effect.

3. Ld. Advocate for petitioner submits that mother of deceased predeceased the deceased. Wife of deceased died on 22.10.2023. Deceased was survived by one son and two daughters. Out of them son is petitioner herein and both the daughters 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 Rajesh Shah dated 26.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 25.02.2025 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. 18.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG