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Bombay High CourtTP/2034/2025grant issued

Apurva Shishir Diwanji v. Virendra Padamsey Shah

2026-03-05Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 5th March, 2026 CALLED FOR HEARING :

TP/2034/2025 (E-filing) WITH WILL/798/2025 Mr. B. G. Saraf, 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 petitioners namely Apurva Shishir Diwanji and Bimal Romesh Desai being Executors named under the Will of deceased. The deceased namely Virendra Padamsey Shah died at Bengaluru on 17.06.2018. 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 14.05.2001. The said Will is in English language and in handwritten. Hence, Advocate for petitioner to annex type copy of the said handwritten Will. The Para No. 3 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will who are petitioners herein.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. First wife of deceased died on 21.09.1996. Deceased remarried to Sarla Vora and who is divorced by decree of USA Court. As stated in para No. 8 of the petition, deceased was survived by two sons and one married daughter who all 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 petitioner No. 2 herein is accepted under Rule 384 of the Bombay High Court (Original Side) Rules, 1980 as per order dated 20.02.2026 passed by this Hon'ble Court. Affidavit of Service of General Citation dated 18.06.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed subject to upon uploading the typed copy of the handwritten Will certifying it as a true copy by Advocate for petitioner alongwith the petition and after verifying whether any cross petition is filed or whether any caveat is filed.

05.03.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR