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Bombay High CourtTP/1830/2025grant issued

Kishin Tirthdas Shahani And ORS v. Devi T. Shahani Alias Devi Tirthdas Shahani (Deceased)

2025-11-12Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 12th November, 2025 CALLED FOR HEARING :

TP/1830/2025 (E-filing) Mr. Aditya Trivedi i/b. Indus Law, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament alongwith Codicil of deceased filed by petitioners namely Kishin Tirthdas Shahani, Hemant Virajlal Mehta and Anand Krishnakumar Nemani being Executors named under the Will of deceased. The deceased namely Devi T. Shahani died at Mumbai on 10.04.2024. 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 her last Will and Testament which was duly executed at Mumbai on 06.08.2014. Codicil was duly executed at Mumbai on 12.08.2016. The said Will and Codicil are in English language. The Para No.1 of the Will refers to the appointment of Executors. Only four Executors appointed under the Will and out of them three executors are petitioners herein and remaining executor namely Vinay Sanwarmal Radhakishan Nangalia removed as executor as per Codicil of deceased. Para No. 2 of the Codicil refers to the appointment of three executors who are petitioners herein.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Deceased was survived by one brother and two sisters. Out of them brother is petitioner No. 1 herein and both the sisters 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 Divkar Vaim dated 02.09.2025 one of the Attesting Witnesses to the Will is filed. Affidavits of Suresh Kumar Kheria dated 02.09.2025 one of the Attesting Witnesses to the Codicil is filed. Affidavit of Service of General Citation dated 14.05.2025 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.

12.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR