Uday Vallabhdas Mehta v. Usha Bharat Mehta
SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2nd December, 2025 CALLED FOR HEARING :
TP/2729/2025 (E-filing) Ms. Dhruvi Vora i/b. Varia Jay Ramesh, 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 Uday Vallabhdas Mehta being one of the Executors named under the Will of deceased. The deceased namely Usha Bharat Mehta died at Gujarat on 16.04.2024. 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 her last Will and Testament which was duly executed at Mumbai on 15.07.2022. The said Will is in Gujarati language however, official translation of the said Will by the office of Chief Translator, Bombay High Court, is annexed to the petition. The Page No. 2 of the Will refers to the implied appointment of Executors. Only three Executors appointed under the Will. Petitioner is one of the executors and other executors namely Vijay Kothari and Ramesh Mehta have renounced their rights to act as Executors and Affidavits dated 11.10.2024 are filed to that effect. Only one Policy of Bajaj Alliance is mentioned in the Schedule I annexed to the petition is referred in the Will.
3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased died issue-less. Husband of deceased had no brother and sister. Ld. Advocate for petitioner submits that in para No. 9 of the petition, legal heirs mentioned therein are the cousin brothers and sisters of husband of deceased. Deceased was survived by two cousin brothers-in-laws and four cousin sisters-in-law. Out of them one cousin-brother-in-law is petitioner herein and all other legal heirs 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 Falguni Patel and Dimple Krishnamurthy dated 11.10.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 19.07.2025 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.
02.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR