Madan Chimanlal Shah v. Tara Rasiklal Kundel
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 5th August, 2025 CALLED FOR HEARING :
TP/2248/2025 (E-filing) Ms. Bhairavi Pathak i/b. Pranjali Bhandari, Advocate for petitioners 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 Madan Chimanlal Shah and Parinda Girish Sheth being Executors named under the Will of deceased. The deceased namely Tara Rasiklal Kundel died at Vadodara, Gujarat on 01.06.2015. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.
2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 11.09.2013. 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 and husband of deceased predeceased the deceased. Deceased was survived by one son and three daughters. Out of them son and one daughter are petitioners herein and the other two daughters 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 Elesh Magdani dated 14.04.2023 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 15.07.2025 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. 05.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR