Kashmira Shailesh Modi v. Shailesh Krishnalal Modi Also Known As Shailesh K Modi Also Known S K Modi (Deceased)
BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2nd May, 2025 CALLED FOR HEARING :
TP/788/2025 (E-filing) Ms. Sanober Nanavati, 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 Kashmira Shailesh Modi being sole Executor named under the Will of deceased. The deceased namely Shailesh Krishnalal Modi died at Mumbai on 21.02.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.
2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 03.12.2023. 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.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow and one son. Out of them widow is petitioner herein and son has given his 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 Dr. Pradeep Doshi dated 13.01.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 25.03.2025 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. 02.05.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR