Shailesh Kantilal Shah v. Himatlal D Mehta Alias Himatlal Devchand Mehta

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 19th December, 2025 CALLED FOR HEARING :

TP/4992/2025 (E-filing) WITH WILL/1729/2025 Ms. Cynthia Pereira, 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 Shailesh Kantilal Shah being one of the Executors named under the Will of deceased. The deceased namely Himatlal D. Mehta died at Mumbai on 25.12.2008. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Election Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 04.06.2008. The said Will is in Gujarati language and translation of the said Will is annexed to the petition however, Affidavit of Advocate on record certifying that the true and correct translation of the said Will is not filed. The Page 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 Haresh A. Mehta has renounced his rights to act as Executor and Affidavit dated 26.08.2025 is filed to that effect. The properties mentioned in the Schedule I annexed to the petition is referred in the Will.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. One son of deceased namely Jaisukh H. Mehta died leaving behind his widow and two sons. Deceased was survived by two sons, one daughter, one daughter-in-law and two grandsons who all 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 Haresh A. Mehta dated 26.08.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 14.11.2025 is filed. Delay is explained and the same is condoned.

5. Ld. Advocate for petitioner to file praecipe for placing the matter on board as and when all compliance done in the matter. Hence, remove from board. 19.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR