Nimish Mahimtura v. Arun Kashinath Mahimtura

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 18th December, 2025 CALLED FOR HEARING :

TP/4228/2025 (E-filing) WITH WILL/1833/2025 Mr. Ishaan Zaveri i/b. Mahimtura and Co., 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 Nimish Arun Mahimtura, being Executor named under the Will of deceased. The deceased namely Dr. Arun Kashinath Mahimtura, died at Mumbai on 03.05.2025. 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 23.06.2021. 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. 15 of the Will. Petitioner is alternate Executor and the primary Executor namely Padma Arun Mahimtura's has renounced her rights as an Executor and Affidavit dated 07.11.2025 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow, one son and two daughters. Out of them son is petitioner herein and widow and both daughters have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Amish Chinai dated 03.07.2025 one of the Attesting Witness to the Will is filed and Affidavit of Pami Desai dated 03.07.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 10.09.2025 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.

18.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG