Pinakin Jayantilal Shah v. Sudha Jayantilal Shah (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 14th November, 2025 CALLED FOR HEARING :

TP/4690/2025 (E-filing) Mr. Zulfiq Multani i/b. Manoj Kumar Mishra, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of photocopy of last Will and Testament of deceased filed by petitioner namely Pinakin Jayantilal Shah being sole surviving Executor named under the Will of deceased. The deceased namely Sudha Jayantilal Shah died at Canada on 17.03.2025. 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 her last Will and Testament which was duly executed at Mumbai on 27.12.1988. The said Will is in Gujarati language and translation of the said Will is annexed to the petition however, Affidavit of Advocate for petitioner certifying that true and correct translation of the Will is not filed. The page No. 3 para No. 3 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. As per para No. 6 of the petition, one executor namely Jayantilal Shah died on 08.05.2015 hence, petitioner is sole surviving executor. The flat at Devshakti Shantacruz is referred in para No. 4 of the Will however, Schedule is not proper hence, Advocate to take steps. Ld. Advocate for petitioner seeks leave to carry out amendment in the Schedule. Amendment is allowed. Ld.

Advocate for petitioner to carry out amendment within twelve weeks from the date of uploading of this order. Ld. Advocate for petitioner re-upload the amended petition on the official portal of the Bombay High Court. Upon signing of the Schedule by petitioner, reverification is dispensed with.

3. Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. Deceased was survived by one son who is petitioner herein. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Shirishchandra H. Sanjanwala dated 05.07.2025 one of the Attesting Witness to the Will is filed. However, signature of the said witness does not tally. Affidavit of Service of General Citation dated 13.10.2025 is filed.

5. Ld. Advocate for petitioner file praecipe to place on board as and when the matter is completely ready for final grant.

14.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR