Mehul Kishore Shah v. Sumati Kishore Shah

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 3rd December, 2025 CALLED FOR HEARING :

TP/3016/2025 (E-filing) Ms. Savli Kaushik i/b. Vidhi Partners, 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 Mehul Kishore Shah being one of the Executors named under the Will of deceased. The deceased namely Sumati Kishore Shah died at Mumbai on 19.10.2022. 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 24.04.2020. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Narendra Jaisukhlal Shah has renounced his rights to act as Executor and Affidavit dated 06.11.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 10 of the Will.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased was survived by one son only who is petitioner herein. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of Amar Ajit Parikh and Vivek Suresh Sisodia dated 31.05.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 09.10.2025 is filed. Delay is explained and the same is condoned. 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.

03.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR