Rupesh Mahendra Shroff v. Mahendra Chhotalal Shroff (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 25th April, 2025 FOR DIRECTION :

101. TP/1031/2025 (AMH20230015505C202 500003) with WILL/424/2025 P. C. :

Ms. Komal Shah Ld. Advocate for the Petitioner

1. This petition is filed by petitioner, being sole beneficiary under the Will executed by Mahendra Chhotalal Shroff (herein after the same is referred to as "Testator"), for grant of a Letters of Administration with Will annexed. Said Testator said to have died at Mumbai on 10-05-2022. Petitioner, namely RUPESH MAHENDRA SHROFF, filed the copy of death certificate, identity proof of the testator, Will, petitioner's oath.

2. Perused petition. Heard Ld. Advocate for petitioner. Perused documents.

3. Original Will has called from the department, it appears that on page no. 2 after attestation clause Advocate Mona Thakkar has signed as an Witness. However, Dr. Ramesh Shah has not signed as an attesting witness. Soon thereafter, medical certificate is endorsed in hand writing and it is certified that Testator was examined by Dr. Ramesh Shah and he was found of sound mind and memories who prepared the Will. Certificate is dated 09.06.2015. below this certificate, Dr. Ramesh Shah has put his signature. Hence, petitioner to explain whether Ramesh Shah has signed the Will in capacity of attesting witness or as an Medical officer to examine the Testator.

4. S. O. to 06.05.2025 25.04.2025 Officer on Special Duty, with Testamentary Department