Bombay High CourtTP/425/2025grant issued

Paresh Sevantilal Kapashi v. Sushila Sevantilal Kapashi (Deceased)

2025-03-26Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 26th March, 2025 CALLED FOR HEARING :

TP/425/2025 (E-filing) Ms. Jyoti Badgujar i/b. Lakdwala and Co., 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 Paresh Sevantilal Kapasi being one of the Executors named under the Will of deceased. Deceased namely Sushila Sevantilal Kapashi alias Sushila S. Kapashi alias Sushila Kapashi said to have died at Mumbai on 07.08.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. Ld. Advocate for petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 09.10.2019. The said Will is in English language. Petitioner is one of the Executors and other executors namely Mona Snehal Kothari, Varsha Praful Dalal, Girdharlal Sunderlal Daga and Divyesh Vinodray Mehta have reserved their rights to come and apply for Probate later on. Joint Affidavit of Reserving the rights of the said Executors dated 12.12.2024 is filed.

3. Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. Deceased was survived by one son and one married daughter. Out of them son is petitioner herein and married daughter has given her consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Paresh Vinodrai Mehta dated 17.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 13.02.2025 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. 25.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG