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Bombay High CourtTP/5191/2025grant issued

Hitesh Kantilal Dalwadi v. Gira Hitesh Dalwadi

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/5191/2025 (E-filing) WITH WILL/1979/2025 Mr. S. U. Lakdawala a/w. Jyoti Badgujar, 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 Hitesh Kantilal Dalwadi being one of the Executors named under the Will of deceased. The deceased namely Gira Hitesh Dalwadi died at Mumbai on 15.10.2023. 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 21.01.2023. The said Will is in English language. The Para No. 4(i) of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Petitioner is one of the executors and other executors namely Arohi Hitesh Dalwadi and Shimoli Hitesh Dalwadi have reserved their rights to act as executors and Affidavits dated 16.10.2025 and 29.10.2025 are filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 6(C) of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by her husband and two daughters. Out of them husband is petitioner herein and both the 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 Sunita Rohan Parulekar dated 29.08.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 14.11.2025 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.

10.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR