Ramesh Sitaldas Dalal v. Sheila Sitaldas Dalal

924. TP-3070-25.docx Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. 3070 OF 2025 WITH WILL NO. 1178 OF 2025 Sheila Sitaldas Dalal .. Deceased Ramesh Sitaldas Dalal .. Petitioner ....................

 Ms. Nityoah S. Mehta i/by M/s. Nityoah Suneel & Associates, Advocates for Petitioner ...................

CORAM : MILIND N. JADHAV, J.

DATE : NOVEMBER 28, 2025 P. C.

:

1.

Heard Ms. Mehta, learned Advocate for Petitioner. 2.

Present Petition seeks Probate of the last Will and Testament of the deceased abovenamed. Deceased is survived by two legal heirs Ramesh Sitaldas Dalal and Sulochana Sitaldas Dalal who are her brother and sister respectively. Ramesh has filed the present Petition and affidavit of consent of Sulochana has been separately placed before this Court. That affidavit is dated 06.10.2025. I have perused the same.

3.

The oath of the Petitioner is appended at page Nos. 28-29 of Petition. Twin affidavits of the two attesting witnesses namely Ketan Chimanlal Damani dated 21.04.2025 (appended at page Nos. 30-32

924. TP-3070-25.docx of Petition) and Dr. Alhad M. Gawande dated 23.04.2025 (appended at page Nos. 34-36 of Petition)are filed.

4.

I have perused the documents. By order dated 14.10.2025 cognizance of the same has been taken and office has been directed to issue Probate after verifying whether any cross-petition or caveat has been filed. Ms. Mehta Informs the Court that neither a Cross-Petition or Caveat has been filed. The statement is accepted. In that view of the matter, the Department is directed to issue the Probate in respect of the last Will and Testament of the deceased to the Petitioner within a period of two weeks from today positively subject to compliance of office objections, if any, forthwith which shall be allowed by the Department. It is clarified that the 2 week period shall start from the date of removal of office objections.

5.

Petition is allowed and disposed.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.12.01 15:00:51 +0530 RAVINDRA MOHAN AMBERKAR