Divyesh Ashok Vakharia v. Late Ashok Babulal Vakharia
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 6th August, 2025 CALLED FOR HEARING :
TP/2036/2025 (E-filing) Mr. Ritesh Mishra i/b. Vaibhavi Parchake, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioners namely Divyesh Ashok Vakharia and Rohan Ashok Vakharia being Executors named under the Will of deceased. The deceased namely Ashok Babulal Vakharia died at Mumbai on 03.07.2024. 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 06.02.2022. 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 who are petitioners herein.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow and two sons. Out of them two sons are petitioners herein and the widow has given her 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 Sunil Babulal Shah and Radhika Arora dated 25.12.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 19.06.2025 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.
06.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR