Asha Ramesh Shethia v. Hema Jamnadas Shethia (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 1st October, 2025 CALLED FOR HEARING :

TP/3067/2025 (E-filing) Mr. Shailesh Pansare, 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 Asha Ramesh Shethia, Preeti Gautam Mehta and Prathamesh D. Popat being Executors named under the Will of deceased. The deceased namely Hema Jamnadas Shethia died at Mumbai on 20.10.2018. 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 26.05.2004. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only three Executors appointed under the Will who all are petitioners herein.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. One brother of deceased namely Vanraj died leaving behind two sons. Another brother of deceased namely Ramesh on 17.09.2024 leaving behind his widow and one son. One sister of deceased namely Niranjana died leaving behind three daughters and one son. Deceased was survived by one brother, five nephews, two nieces and one sister-in-law. Out of them sister-in-law, one nephew and one niece are petitioners 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. As per para No. 5 of the petition the original Witnesses expired hence, petitioner has filed Affidavit of Ketan Shethia as an Affidavit dated 18.04.2025 as the Attesting Witness to the Will who was present at the time of execution of the Will. It is accepted under Rule 384 of the Bombay High Court (Original Side) Rules, 1980. Affidavit of Service of General Citation dated 21.07.2025 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.

01.10.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR