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Bombay High CourtTP/3070/2025disposed off

Ramesh Sitaldas Dalal v. Sheila Sitaldas Dalal

2025-10-14Hon'Ble Shri Justice Milind N. Jadhav1 pages

SL BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 14th October, 2025 CALLED FOR HEARING :

TP/3070/2025 (E-filing) Ms. Vidhi Raichana i/b. Nityoah Mehta, 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 Ramesh Sitaldas Dalal being alternate Executor named under the Will of deceased. The deceased namely Sheila Sitaldas Dalal died at Mumbai on 16.04.2023. 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 29.08.2020. The said Will is in English language. The Para No. 6 of the Will refers to the appointment of petitioner as alternate Executor. First Executor namely Vina died as per para No. 5 of the petition.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Two sisters of deceased namely Vina and Vimla died as spinsters as stated in the Affidavit dated 06.10.2025. Deceased was survived by one sister and one brother as stated in para No. 8 of the petition. Out of them brother is petitioner herein and sister namely Sulochana Sitaldas Dalal has given her consent in favour of petitioner herein. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of Ketan Damani dated 21.04.2025 and Dr. Alhad Gawande dated 23.04.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 22.07.2025 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.

14.10.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR