Bharat Bhushan Bahl v. Sadajivatlal Chandulal Bahl Alias Sadajiwatlal Bahl (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 22nd July, 2025 CALLED FOR HEARING :

TP/895/2025 (E-filing) Ms. Sneha Agicha a/w. Disha Khatanhar i/b. DM Harish 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 Bharat Bhushan Bahl being sole surviving Executor named under the Will of deceased. The deceased namely Sadajivatlal Chandulal Bahl died at Mumbai on 27.12.1986. Copy of death certificate is annexed to the petition. Petitioner has not filed for dispensation of identification proof of deceased.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 03.03.1986. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Two executors namely Rajeshwaridevi Sadajivatlal Bahl and Bharati Sharan Khanna died on 22.09.2013 and 03.01.2015 and copies of death certificates are annexed to the petition as "G" and "H" hence, petitioner is sole surviving executor.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Wife of deceased since deceased the deceased died on 22.09.2013. One daughter of deceased namely Bharati Sharan Khanna died on 03.01.2015 leaving behind her husband and one son. Deceased was survived by one son, one son-in-law and one grandson. Out of them son is petitioner herein and all other legal heirs 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. As stated in para No. 4 of the petition that Attesting Witnesses to the Will namely Kanaksinh Ratansinh Ashsar and Pradipkumar Velji Garach died on 14.05.2003 and 28.07.2024 respectively therefore, both the Attesting Witnesses to the Will are not available hence, Advocate to take steps as per Rule 384 of the Bombay High Court (Original Side) Rules, 1980. Affidavit of Service of General Citation dated 28.03.2025 is filed.

5. Ld. Advocate for petitioner file praecipe to place on board as and when the matter is ready for final grant.

22.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR