Pranav Bhupendra Thaker vs Vinaben Vallabhdas Thaker — Bombay HC (2025) — LawSathi Research

Pranav Bhupendra Thaker vs Vinaben Vallabhdas Thaker — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Limited probate of the certified copy of the Will to be issued by the Office as prayed, after verification that no caveat or cross petition is filed.

Issue for consideration

Whether probate of the certified copy of the last Will and Testament of deceased Vinaben Vallabhdas Thaker (executed at Mumbai on 03.06.1998) should be granted to petitioner Pranav Bhupendra Thaker, one of the Executors named under the Will.

Court's answer

Since one attesting witness (Jyostna Udaykumar Vayeda) had died on 01.11.2021 and the other (Gita Savala) was untraceable, the affidavit of Anjanaben Bhatt, a third person who was present at the time of execution of the Will, was accepted under Rule 384 of the Bombay High Court (Original Side) Rules, 1980.

Ratio / Principle

All other legal formalities having been complied with, the testamentary petition was granted.

Key takeaways

Office was directed to issue limited probate as prayed, after verifying whether any cross petition or caveat is filed.ratio¶5

Detailed headnote1 paragraphs

TESTAMENTARY PETITION — PROBATE — LIMITED PROBATE — Bombay High Court (Original Side): Petition TP/1337/2024 for probate of certified copy of the last Will and Testament, duly executed at Mumbai on 03.06.1998 (in English), of deceased Vinaben Vallabhdas Thaker, who died at Mumbai on 09.07.2023; petition filed by her grandson Pranav Bhupendra Thaker, one of only two Executors appointed under the Will; the other executor, Kashyap Bipinbhai Thaker, renounced his right to act as Executor (renunciation affidavit dated 08.07.2024); parents and husband predeceased the deceased; all other legal heirs (one son, one daughter, one daughter-in-law, three grandsons, four granddaughters) gave consent affidavits in favour of the petitioner, with no other legal heirs. Both attesting witnesses were unavailable — Jyostna Udaykumar Vayeda died on 01.11.2021 (death certificate annexed) and Gita Savala was untraceable despite enquiries — whereupon the affidavit dated 08.07.2024 of Anjanaben Bhatt, a third person present at the execution of the Will, was accepted under Rule 384 of the Bombay High Court (Original Side) Rules, 1980, pursuant to Interim Application (L) No. 6072 of 2025. Petitioner's oath filed; affidavit of service of general citation dated 23.08.2024 filed. All legal formalities held complied with; petition granted — Office to issue LIMITED probate as prayed after verifying whether any cross petition or caveat is filed. Decided on 06.08.2025 by Mrs. K. Y. Ambekar, Company Registrar / Testamentary Registrar.

SLG

BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 6^th August, 2025

CALLED FOR HEARING :

9 TP/1337/2024 (E-filing)

Ms. Rashmi Parmar, Advocate for petitioner

PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of certified copy of last Will and Testament of deceased filed by petitioner namely Pranav Bhupendra Thaker being one of the Executors named under the Will of deceased. The deceased namely Vinaben Vallabhdas Thaker died at Mumbai on 09.07.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

The deceased left behind her last Will and Testament which was duly executed at Mumbai on 03.06.1998. The said Will is in English language. The Para 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 Kashyap Bipinbhai Thaker has renounced his rights to act as an Executor and Affidavit dated 08.07.2024 is filed to that effect.

Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. As per para No. 11 of the petition, deceased was survived by one son, one daughter, one daughter-in-law, three grandsons, four granddaughters. Out of them one grandson son is petitioner herein and all other legal heirs have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

Petitioner's oath is filed. Petitioner had filed Interim Application (L) No. 6072 of 2025 for acceptance of the Affidavit of Anjanaben Bhatt under Rule 384 of the Bombay High Court (Original Side) Rules, 1980. In para No. 4 of the said Application, the Applicant / petitioner had stated that one of the Attesting Witesses namely Jyostna Udaykumar Vayeda died on 01.11.2021 and photocopy of death certificate is annexed to the said Affidavit. Petitioner made enquiries as to the whereabouts on the last known address of another witness namely Gita Savala however, none is aware about the whereabouts of the said Gita.

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SLG

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Hence, petitioner has Affidavit of third person namely Anjanaben Bhatt dated 08.07.2024 who was present at the time of execution of the Will. The said Affidavit is accepted under Rule 384 of the Bombay High Court (Original Side) Rules, 1980. Affidavit of Service of General Citation dated 23.08.2024 is filed. All other legal formalities are complied with. Hence, petition is granted.

Office to issue LIMITED Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

06.08.2025

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR