Prashanti Gautam Agarwal v. Rupprakash Chandrasen Agarwal (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 15th July, 2025 CALLED FOR HEARING :

TP/1539/2025 (E-filing) Ms. Chetana Gaikwad i/b. Gordhandas and Fozdar, 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 Prashanti Gautam Agarwal being one of the Executors named under the Will of deceased. The deceased namely Rupprakash Chandrasen Agarwal died at Mumbai on 15.02.2023. 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 29.06.2021. The said Will is in English language. The Para Nos. 1 and 2 of the Will refers to the appointment of Executor. Para No. 1 refers to appointment of Bakulesh Agarwal as an Executor and in any event he is not capable of acting as an Executor, the another executor is appointed in para No. 2 of the Will who is petitioner herein. The said Bakulesh Agarwal has renounced his rights as an Executor by an Affidavit dated 09.01.2025.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by one son and two daughters who all 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. Affidavits of Kumar Hasmukh Ruparelia dated 17.12.2024 and Rajshree Vivek Didwania dated 16.12.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 11.07.2025 is filed.

5. However, statutory period of service of citation is not yet completed hence, matter is adjourned till 29.07.2025.

15.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG