Vijay Madanlal Shah v. Savitri Mangaldas Shah

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 21st November, 2025 CALLED FOR HEARING :

TP/2618/2025 (E-filing) Ms. Gauri Memon i/b. Saahil Yunus Memon, 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 Vijay Madanlal Shah and Vasant Amrutlal Parikh being Executors named under the Will of deceased. The deceased namely Savitri Mangaldas Shah died at Mumbai on 19.09.2016. 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 28.10.2014. The said Will is in English language. The Para No. 6 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 two sons and two daughters. Out of them one son is petitioner No. 1 herein and the another son and two daughters 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. As per para No. 4 of the petition, both the original Attesting Witnesses to the Will are expired. Petitioner therefore, filed Affidavit of Dhrunal C. Patel in compliance of provision of Rule 384 of the Bombay High Court (Original Side) Rules, 1980 dated 30.09.2024. The same is accepted. Affidavit of Service of General Citation dated 29.07.2025 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.

21.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR