Tejas Manak Mehta v. Motilal Jivraj Mehta (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17th September, 2025 CALLED FOR HEARING :

TP/1090/2025 (E-filing) Mr. Suraj Ghogare i/b. Amrut M. Vernekar, 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 Tejas Manak Mehta being sole Executor named under the Will of deceased. The deceased namely Motilal Jivraj Mehta died at Mumbai on 06.08.2010. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pancard is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 17.04.2009. The said Will is in English language. The Page No. 3 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Widow of deceased died on 11.10.2012 who since deceased the deceased. Deceased was survived by three sons. Out of them two sons namely Sushil and Manak have given their consents in favour of the petitioner herein. Consent Affidavits on record. Remaining son namely Vijay has been served with the citation through newspaper publication and Affidavit of Service dated 04.07.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Toral Vishal Gandhi has filed her Affidavit dated 04.01.2025 stating that in para No. 1 of the said Affidavit that the original Attesting Witnesses reported to have been expired and therefore, they are not available and in para 2 of the said Affidavit, the said Toral Gandhi stated that she was present at the time of execution of the Will and she has further filed Affidavit as an Attesting Witness and the same is accepted as per rule 384 of the Bombay High Court (Original Side) Rules, 1980. Affidavit of Service of General Citation dated 09.04.2025 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.

17.09.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR