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Bombay High CourtTP/4060/2025grant issued

Rohit Vinayak Shah v. Pushpa Vinayak Shah

2025-12-03Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

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

TP/4060/2025 (E-filing) Mr. Atish Mahade, 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 petitioners namely Rohit Vinayak Shah and Paras Rohit Shah being Executors named under the Will of deceased. The deceased namely Pushpa Vinayak Shah died at Mumbai on 09.12.2024. 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 her last Will and Testament which was duly executed at Mumbai on 18.02.2017. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executors. Only four Executors appointed under the Will. Both the petitioners are executors and other executors namely Minal Rohit Shah and Vikram Varijvandas Shah have reserved their rights to act as executors and Affidavits dated 30.06.2025 are filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 12(b) of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by her husband, two sons and one daughter. Out of them one son is petitioner herein and all other legal heirs 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 Dr. Jayantilal M. Nagda dated 30.06.2025 one of the Attesting Witness to the Will is 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 Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

03.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR