Viral Venilal Shah v. Kalpana Shah Alias Kalpana J Shah Alias Kalpana Jeshinghlal Shah Alias Kalpana Jeshinghbhai Shah

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 23rd September, 2025 CALLED FOR HEARING :

TP/1914/2025 (E-filing) Ms. Bina Shivhare, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of photocopy of last Will and Testament of deceased filed by petitioner namely Viral Venilal Shah being one of the Executors named under the Will of deceased. The deceased namely Kalpana Shah died at Mumbai on 12.02.2016. 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 07.05.2012. The said Will is in English language. The Para No. 4 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 Vipul Shah has reserved his rights to act an executor and Affidavit dated 12.03.2025 is filed to that effect.

3. Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. Deceased was survived by two sons. Out of them one son is petitioner herein and another son has given his consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Vimal Bhagwandas Shah dated 07.03.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 14.07.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue LIMITED Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 23.09.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR