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Bombay High CourtTP/2956/2025grant issued

Prakash Maganlal Shah v. Hasmukhrai Nandalal Desai

2025-10-08Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 8th October, 2025 CALLED FOR HEARING :

TP/2956/2025 (E-filing) Ms. Yogini Gada, 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 Prakash Maganlal Shah and Khushal Nanji Bheda being Executors named under the Will of deceased. The deceased namely Hasmukhrai Nandalal Desai died at Mumbai on 30.08.2023. 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 12.07.2021. The said Will is in Gujarati language and translation of the said Will is annexed to the petition alongwith Affidavit of Advocate on record dated 05.08.2025 certifying that true and correct translation of the Will. The Page No. 6 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will who are petitioners herein. Residuary clause in respect of properties of deceased is mentioned at page No. 5 of the Will.

3. Ld. Advocate for petitioner submits that mother of deceased predeceased the deceased. Daughter of deceased namely Purvi predeceased the deceased who died as spinster. Deceased was survived by his widow, one son 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. Affidavits of Jayesh Nandalal Desai and Paras Prakash Shah dated 26.03.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 08.08.2025 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.

08.10.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR