Allowed¶5

Sanjay R Upadhyay v. Kokila Arun Sheth (Deceased)

Bombay HC4 Nov 2025TP/2178/2024

Case brief

AI extract

What is this about?

Probate petition granted by Testamentary Registrar Kavita Y. Ambekar on 04.11.2025 in TP/2178/2024 WITH WILL/893/2024; testatrix Kokila Arun Sheth (died Mumbai 26.02.2022); Will executed Mumbai 18.01.2022; sole executor petitioner Sanjay R Upadhyay; divorce decree 27.06.2021 Family Court Bandra (Dr. Arun Ramlal Sheth); died issue-less; four consenting nephews with consent affidavits; no other legal heirs; attesting witness affidavit Sejal Sanjay Upadhyay 30.04.2022; affidavit of service of general citation 11.08.2025; office to issue probate subject to no caveat/cross petition; advocates Kinjal Mehta i/b Rekha Mehta.

What did the court decide?

Probate to be issued by the Office as prayed, subject to verification that no cross petition or caveat is filed. ¶5

Sanjay R Upadhyay vs Kokila Arun Sheth (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Probate to be issued by the Office as prayed, subject to verification that no cross petition or caveat is filed.

¶5

Issue for consideration

Whether probate of the last Will and Testament of the deceased Kokila Arun Sheth ought to be granted to the petitioner Sanjay R Upadhyay, the sole Executor named under the Will, upon compliance with legal formalities.

¶1

Court's answer

Only one Executor was appointed under the Will, namely the petitioner Sanjay R Upadhyay, the sole Executor named therein.

¶2

Ratio / Principle

The deceased was survived by four nephews, all of whom gave their consents in favour of the petitioner by consent affidavits on record, and there are no other legal heirs.

¶3

Key takeaways

With the petitioner's oath, the affidavit of the attesting witness Sejal Sanjay Upadhyay dated 30.04.2022 and the affidavit of service of general citation dated 11.08.2025 on record, all other legal formalities were found complied with and the probate petition was accordingly granted.ratio¶4

Detailed headnote1 paragraphs

Probate granted (order dated 04.11.2025) in TP/2178/2024 WITH WILL/893/2024 before Mrs. Kavita Y. Ambekar, Company Registrar / Testamentary Registrar, of the last Will and Testament executed at Mumbai on 18.01.2022 by Kokila Arun Sheth, who died at Mumbai on 26.02.2022, in favour of Sanjay R Upadhyay, the sole Executor appointed under the Will (Para 5 thereof). The deceased had been divorced from Dr. Arun Ramlal Sheth by decree dated 27.06.2021 of the Family Court, Bandra, Mumbai; parents predeceased her; she died issue-less, her sister and two brothers having died, leaving four nephews who all consented by affidavits on record, with no other legal heirs. Compliance shown through petitioner's oath, affidavit of attesting witness Sejal Sanjay Upadhyay dated 30.04.2022 and affidavit of service of general citation dated 11.08.2025; all legal formalities held complied with and petition granted, with the Office directed to issue probate after verifying absence of any cross petition or caveat. Counsel: Ms. Kinjal Mehta i/b M/s. Rekha Mehta for the petitioner.

¶1

Ajay

¶2

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 04^th November, 2025

¶3

CALLED FOR HEARING :

¶4

14 TP/2178/2024 WITH WILL/893/2024

¶5

Ms. Kinjal Mehta i/b. M/s. Rekha Mehta, Advocate for petitioner

¶6

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 Sanjay R Upadhyay being sole Executor named under the Will of deceased. The deceased namely Kokila Arun Sheth died at Mumbai on 26.02.2022. Copy of death certificate is annexed to the petition.

¶7

The deceased left behind her last Will and Testament which was duly executed at Mumbai on 18.01.2022. The said Will is in English language. The Para No. 5 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.

¶8

Ld. Advocate for petitioner submits that deceased was married with Dr. Arun Ramlal Sheth and was divorced by decree dated 27.06.2021 passed by the Family Court, Bandra, Mumbai. Parents of deceased predeceased the deceased. Deceased died issue-less. As mentioned in para No. 6 of the petition, one sister and two brothers of deceased who both have died. Deceased was survived by four nephews who all have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs. Properties mentioned in the schedule which is mentioned in the Will.

… 2

Ajay

Petitioner's oath is filed. Affidavit of Sejal Sanjay Upadhyay dated 30.04.2022 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 11.08.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

¶13

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

¶14

04.11.2025

¶15

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Sanjay R Upadhyay v. Kokila Arun Sheth (Deceased)

Case brief

What is this about?

What did the court decide?

Sanjay R Upadhyay v. Kokila Arun Sheth (Deceased)

Case brief

What is this about?

What did the court decide?

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What the court decided

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