Kalpesh Vinaychandra Mehta v. Nirmala Harivadan Desai Alias Nirmala Harivadhan Desai (Deceased)
SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 14th January, 2026 CALLED FOR HEARING :
TP/1942/2025 (E-filing) WITH WILL/751/2025 Ms. Shruti Shinde i/b. Law Loyals, 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 Kalpesh Vinaychandra Mehta being sole Executor named under the Will of deceased. The deceased namely Nirmala Harivadan Desai died at New Jersey, USA on 06.07.2023. 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 her last Will and Testament which was duly executed at Mumbai on 10.02.2012. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at para No. 10 of the Will.
3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased was survived by four daughters who all have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Nayan Prajapati and Chetan Desai dated 15.05.2024 and 29.05.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 19.07.2025 is filed. Delay is explained and the same is condoned. 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.
14.01.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR