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Bombay High CourtTP/539/2025grant issued

Shailesh Nandlal Popat And ANR v. Kantaben Nandlal Popat (Deceased)

2025-10-16Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 16th October, 2025 CALLED FOR HEARING :

TP/539/2025 (E-filing) Mr. Miraj Bharapuria, 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 Shailesh Nandlal Popat and Niraj Shailesh Popat being Executors named under the Will of deceased. The deceased namely Kantaben Nandlal Popat died at Mumbai on 14.10.2022. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 07.09.2022. 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 are petitioners herein. Residuary clause in respect of properties of deceased is mentioned at para No. 6 of the Will.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Son of deceased namely Kishor died leaving behind his widow, one son and three daughters. Deceased was survived by one son, one grandson and three granddaughters. Out of them son is petitioner herein and the grandson and three granddaughters 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 Mahesh Dedhia and Vishal Vasant dated 21.11.2024 and 18.11.2024 both the Attesting Witnesses to the Will are filed respectively. Affidavit of Service of General Citation dated 12.02.2025 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.

16.10.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR