Jeetendra Harikishan Vatnani vs Narain Tekchand Ramrakhiani (Deeased) — Bombay HC (2025) — LawSathi Research

Jeetendra Harikishan Vatnani vs Narain Tekchand Ramrakhiani (Deeased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Probate of the Will granted to the petitioner-executors; Office to issue Probate as prayed, subject to verification that no cross petition or caveat has been filed.

Issue for consideration

Whether probate of the last Will and Testament of the deceased Narain Tekchand Ramrakhiani should be granted to the petitioner-executors named under the Will.

Court's answer

The deceased left behind his last Will and Testament duly executed at Mumbai on 16.03.2021; the Will is handwritten in English and its Paragraph 4 refers to the appointment of Executors, with only two Executors appointed under it.

Ratio / Principle

Having heard the petitioner's advocate and perused the petition, the court found that all other legal formalities were complied with and accordingly granted the petition.

Key takeaways

The Office was directed to issue Probate as prayed, but only after verifying whether any cross petition or any caveat has been filed.ratio¶10

Detailed headnote1 paragraphs

Probate granted on Testamentary Petition 14 TP/1420/2024 by the two Executors named in the handwritten English Will dated 16.03.2021 of Narain Tekchand Ramrakhiani, who died at Mumbai on 23.01.2023 (death certificate and PAN card annexed). As submitted by counsel, the testator's first marriage stood dissolved by order dated 08.01.1992 and second marriage by order dated 09.05.2022; he was survived by two married daughters and one son. The son and one daughter consented by affidavit; the remaining daughter, Chandani Datta, was served through newspaper publication (Affidavit of Service of Publication dated 17.02.2025), and counsel stated there were no other legal heirs. Petitioner's oath and affidavits of both attesting witnesses, Vishal Gopal Wadhwa and Vijay Tulsidas Ved, dated 02.04.2025, together with the Affidavit of Service of General Citation dated 27.01.2025, were filed. Before the Company Registrar / Testamentary Registrar (Mrs. K. Y. Ambekar), the court found all other legal formalities complied with, granted the petition, and directed the Office to issue Probate as prayed after verifying that no cross petition or caveat has been filed.

SLG

BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 25^th April, 2025

CALLED FOR HEARING :

14 TP/1420/2024 (E-filing)

Ms. Pooja Shah, 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 Jitendra Harikishan Vatnani and Deepak Lal Bahirwani both being Executors named under the Will of deceased. The deceased namely Narain Tekchand Ramrakhiani died at Mumbai on 23.01.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

The deceased left behind his last Will and Testament which was duly executed at Mumbai on 16.03.2021. The said Will is handwritten in English language. The Para No. 4 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will.

Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased had one daughter from his first wife. First marriage of the deceased was dissolved by an order dated 08.01.1992 and second marriage was dissolved by an order dated 09.05.2022. Deceased was survived by two married daughters and one son. Out of them son and one daughter have given their consents in favour of the petitioner. Consent Affidavits are on record. Another daughter namely Chandani Datta has been served through newspaper publication and Affidavit of Service of Publication dated 17.02.2025 is filed to that effect. There are no other legal heirs.

Petitioner's oath is filed. Affidavits of Vishal Gopal Wadhwa and Vijay Tulsidas Ved both dated 02.04.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 27.01.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

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

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

25.04.2025

SLG