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Bombay High CourtTP/1209/2025grant issued

Rajesh Bagmalbhai Mehta v. Damayanti Ramaniklal Mehta (Deceased)

2025-06-23Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Ajay BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 23rd June, 2025 CALLED FOR COMPLIANCE :

TP/1209/2025 WITH WILL/489/2025 (E-filing) Mr. Vivek Arya, Advocate for petitioner.

P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Rajesh Bagmalbhai Mehta being Surviving Executor named under the Will of deceased. The deceased namely Damayanti Ramaniklal Mehta said to have died at Mumbai on 11.02.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhar Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 30.01.2019. The said Will is in English language. In Para No. 1 of the Will refers to the appointment of the Two Executors. The one is petitioner herein and another executor Sameer Himmatbhai Mehta has expired on 08.07.2024 and it is stated in para 5 of the petition.

3. Ld. Advocate for petitioner submits that parents and husband of the deceased predeceased the deceased. One daughter viz. Mona R. Shah has expired and leaving behind her husband, one daughter and one son. Therefore, deceased was survived by one son, one daughter, one son-inlaw, one grand-daughter and one grand-son. All the legal heirs have given their consent in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Nikunj Kasturchand Patwa dated 19.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 09.05.2025 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. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR 23.06.2025

Ajay