Himanshu Kantilal Vyas v. Kantilal Manishankar Vyas Alias Kantilal Manishanker Vyas Alias Kantilal M Vyas
SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 25th November, 2025 CALLED FOR DIRECTION :
TP/3944/2025 (E-filing) Mr. K. A. Bhatia, 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 Himanshu Kantilal Vyas being sole Executor named under the Will of deceased. The deceased namely Kantilal Manishankar Vyas died at Mumbai on 07.07.2022. 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 his last Will and Testament which was duly executed at Mumbai on 06.08.2021. The said Will is in English language. The Para No. 13 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at para No. 23 of the Will.
3. Ld. Advocate for petitioner submits that parents and first wife (died in the year 1958) of deceased predeceased the deceased. From the first wife, deceased had one son namely Mayur. The said Mayur died on 14.03.2020 leaving behind his widow and mentally retarded son namely Jignesh. Second wife of deceased died on 03.11.2002, leaving behind two sons and one daughter. Deceased was survived by two sons, one daughter, one daughter-in-law and one grandson. Out of them one son is petitioner herein and another son, daughter and daughter-in-law have given their consents in favour of the petitioner herein. For grandson of deceased namely Jignesh, his mother namely Raxa has given consent on his behalf as she is appointed as guardian as per Certificate issued by the Collector, Mumbai Suburban District under Section 14 of the National Trust Act, 1999 which is annexed to the petition as Exhibit - "E". Consent Affidavits are on record. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Kantilal Shah and Dr. Praful Bhatt dated 01.07.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 12.09.2025 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.
25.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR