Suresh Vasanji Shah v. Vasanji Raishi Shah

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

TP/3507/2025 (E-filing) Mr. Azeem Abdul i/b. Sonal Mishal, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of Certified copy of last Will and Testament of deceased filed by petitioner namely Suresh Vasanji Shah being one of the Executors named under the Will of deceased. The deceased namely Vasanji Raishi Shah died at Mumbai on 29.09.2019. 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 20.04.2016. The said Will is in English language. The Para No. 8 of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Petitioner is one of the executors and other executors namely Bharat Vasanji Shah and Prakash Vasanji Shah have renounced their rights to act as executors and Affidavits dated 20.02.2024 are filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 15 of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by his widow, three sons and one daughter. Out of them one son is petitioner herein and widow, remaining two sons and daughter have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Nilesh Popatlal Shah and Narendra Dharshi Nishar dated 20.02.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 08.10.2025 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 LIMITED Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 03.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR