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Bombay High CourtTP/4125/2025grant issued

Prashant Vasant Vithaldas v. Vasant Kanji Vithaldas

2025-11-06Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Ajay BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 06th November, 2025 CALLED FOR HEARING :

TP/4125/2025 (E-filing) WITH WILL/1555/2025 Ms. Swati S. Mathkar i/b. Mr. Shirish S. Mathkar, Advocate for petitioners.

PC :

1. Perused Petition. Heard Ld. Advocate for petitioners. This petition is for Probate of last Will and Testament of deceased filed by two petitioners namely Prashant Vasant Vithaldas and Hitendra Vasant Vithaldas, both being the Executors named under the Will of deceased. The deceased namely Vasant Kanji Vithaldas died at Mumbai on 04.08.2022. 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 12.06.2014. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executor. Only two Executor appointed under the Will. Residuary clause in respect of properties of deceased is mentioned at para No. 11 of the Will. ... 2

Ajay - 2 -

3. Ld. Advocate for petitioners submits that parents of deceased predeceased the deceased. Deceased was survived by only two sons, both are petitioners herein. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Kamlesh Gaurishankar Pandya dated 07.07.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 11.09.2025 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. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR 06.11.2025