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Bombay High CourtTP/4003/2025grant issued

Nalin Kantilal Makani v. Jaywantlal Gandalal Tolia

2026-01-09Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 9th January, 2026 CALLED FOR HEARING :

TP/4003/2025 (E-filing) WITH WILL/1599/2025 Mr. Ved Prakash Mishra, 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 Nalin Kantilal Makani being one of the Executors named under the Will of deceased. The deceased namely Jaywantlal Gandalal Tolia died at Mumbai on 06.01.2025. 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 24.03.2023. The said Will is in English language. The Para No. 5 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Kartik Joshi has renounced his rights to act as an Executor and Affidavit dated 14.04.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 12 of the Will.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by one son and one daughter who 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. Affidavits of Purvi Parikh and Vivek Vinod Arya dated 28.01.2025 and 05.04.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 26.09.2025 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 Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

09.01.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG