Apurva Shishir Diwanji v. Shishir Kisonlal Diwanji

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 24th September, 2025 CALLED FOR HEARING :

TP/4048/2025 (E-filing) Mr. B. G. Saraf, 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 Apurva Shishir Diwanji being one of the Executors named under the Will of deceased. The deceased namely Shishir Kisonlal Diwanji died at Mumbai on 01.12.2023. 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 07.10.2018. The said Will is in English language. The Para No. 2 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 Jai Shishir Diwanji has reserved his right to act as an executor and Affidavit dated 28.04.2025 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by two sons. Out of them one son is petitioner herein and another son has given his consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Saurabh N. Mehta and Varsha Mehta dated 28.04.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 17.09.2025 is filed.

5. However, statutory period of Service of citation is not yet completed hence, matter is adjourned till 16.10.2025.

24.09.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR