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Bombay High CourtTP/5169/2025grant issued

Kiran Suman Shah v. Suman Chhabildas Shah

2025-12-10Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 10th December, 2025 CALLED FOR HEARING :

TP/5169/2025 (E-filing) WITH WILL/1990/2025 Mr. D. R. Mishra, 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 Kiran Suman Shah being Executrices named under the Will of deceased. The deceased namely Suman Chhabildas Shah died at Mumbai on 27.05.2025. 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 23.06.2019. The said Will is in English language. The Para No. 4 of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Petitioner is one of the executrices and other two executors namely Paras Suman Shah and Simit Suman Shah have reserved their rights to act as executors and Affidavit dated 05.09.2025 are filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 10(I) of the Will.

3. Ld. Advocate for petitioner submits that mother of deceased predeceased the deceased. Deceased was survived by his widow and two sons. Out of them widow is petitioner herein and both the sons 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 Hetal P. Gandhi dated 15.09.2025 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. 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.

10.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR