Rakesh Narsinghi Medtiya v. Narsingh Alias Narsinghji Navaji Kumbhar Alias Medtiya
SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 19th December, 2025 CALLED FOR HEARING :
TP/5117/2025 (E-filing) WITH WILL/1940/2025 Mr. Ravindra Khilare, 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 Rakesh Narsinghi Medtiya being one of the Executors named under the Will of deceased. The deceased namely Narsingh Navaji Kumbhar died at Mumbai on 22.06.2021. 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 04.10.2016. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executors namely Sanjay Rakesh Medtiya has renounced his rights to act as Executor and Affidavit dated 23.06.2025 is filed to that effect. The property mentioned in Schedule I annexed to the petition is referred in para No. 3 of the Will.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. One son of deceased namely Madanlal died leaving behind his widow and three sons. Deceased was survived by his widow, one son, two daughters, one daughter-in-law and three grandsons. Out of them 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 Rinku Vishal Patel dated 29.09.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 15.11.2025 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.
19.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR