Bharat Manharlal Shah v. Ajit Dharamshi Kapadia Alias Ajit Dharamsey Kapadia Alias Kapadia Ajit Dharamashi (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 30th July, 2025 CALLED FOR COMPLIANCE :

TP/1831/2025 (E-filing) Ms. Bhakti Patil i/b. Prabhu Velar, 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 Bharat Manharlal Shah being one of the Executors named under the Will of deceased. The deceased namely Ajit Dharamshi Kapadia died at Mumbai on 14.11.2001. 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 26.11.1999. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Vilas P. Kathe has reserved his rights to act as an executor and Affidavit dated 30.10.2024 is filed to that effect.

3. Ld. Advocate for petitioner submits that mother of deceased predeceased the deceased. Wife of deceased since deceased the deceased who died on 27.10.2024. Deceased was survived by one son and one daughter who 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. Affidavit of Rasiklal Chandulal Kadakia dated 27.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 07.05.2025 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. 30.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR