Kamal Mavji Visaria v. Kirit Sunderji Pasad

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 26th September, 2025 CALLED FOR HEARING :

TP/2026/2025 (E-filing) Ms. Aditi Jagtap i/b. Smit Nagda, 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 Kamal Mavji Visaria being one of the Executors named under the Will of deceased. The deceased namely Kirit Sunderji Pasad died at Mumbai on 25.02.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Election Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 24.01.2023. 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 Hiten V. Gala has reserved his rights to act as an executor and Affidavit dated 05.03.2025 is filed to that effect.

3. Ld. Advocate for petitioner submits that father of deceased predeceased the deceased. Deceased was survived by mother, widow and one daughter 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 Dishant Arun Gada dated 05.03.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 22.07.2025 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.

26.09.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR