Vimladevi Sajjan Shroff vs Basantlal Jankilal Shroff — Bombay HC (2025) — LawSathi Research

Vimladevi Sajjan Shroff vs Basantlal Jankilal Shroff — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim registry direction only: petition called for hearing and advocate directed to file praecipe to place the matter on board when completely ready for final grant; no probate granted or refused at this stage.

Issue for consideration

Whether probate should be granted of the notarized photocopy of the last Will and Testament of the deceased to the petitioner as sole executrix named under the Will. +1 more

Court's answer

The registrar recorded that the deceased, Basantlal Jankilal Shroff, died at Mumbai on 22.11.2006, with copy of the death certificate annexed to the petition.

Ratio / Principle

The registrar recorded that the Will was duly executed at Mumbai on 15.01.2006, its notarized photocopy is dated 18.01.2007, and the Will is in English.

Key takeaways

Para No. 1 of the Will refers to the appointment of executrix; only one executrix was appointed under the Will, who is the petitioner.ratio¶7
The residuary clause in respect of the properties of the deceased is at para No. V of the Will.ratio¶7
Granddaughter Usha, grandsons Shyamsunder and Vikesh, granddaughter-in-law Seema and granddaughter Anju were served with the citation through the office of the Sheriff, Mumbai, and the Affidavit of Service dated 28.07.2025 was filed to that effect.ratio

Detailed headnote1 paragraphs

Testamentary Petition TP/2462/2025 (e-filing) before Mrs. Kavita Y. Ambekar, Company Registrar / Testamentary Registrar; order dated 12.11.2025. Petition by Vimladevi Sajjan Shroff, the sole executrix named at para 1 of the last Will and Testament of Basantlal Jankilal Shroff (who died at Mumbai on 22.11.2006; copy of death certificate and PAN card annexed), for probate of a notarized photocopy of the Will. The Will was executed at Mumbai on 15.01.2006, its notarized photocopy is dated 18.01.2007, the Will is in English, and the residuary clause is at para No. V. Counsel submitted that the deceased's parents predeceased him; per Exhibit F the wife of the deceased died on 20.02.1992. As per para 9 of the petition the deceased was survived by one daughter-in-law, six granddaughters, five grandsons and one granddaughter-in-law; the registrar noted that the legal heirs of granddaughter-in-law Seema Vinod Poddar were not stated in the petition. Granddaughter Usha, grandsons Shyamsunder and Vikesh, granddaughter-in-law Seema and granddaughter Anju were served with citation through the office of the Sheriff, Mumbai (Affidavit of Service dated 28.07.2025); all other legal heirs gave consent affidavits and the registrar recorded there are no other legal heirs. Petitioner's oath, the affidavit of attesting witness Dr. Paras K. Punamiya dated 02.12.2023, and the Affidavit of Service of General Citation dated 25.08.2025 are on record. By order dated 12.11.2025 the registrar called the petition for hearing and directed the advocate to file a praecipe to place the matter on board when completely ready for final grant; probate itself was not granted. No statute or precedent was cited and no estate value was disclosed.

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 12^th November, 2025

CALLED FOR HEARING :

7 TP/2462/2025 (E-filing)

Ms. Neha Raut i/b. Kiran Jain and Co., Advocate for petitioner

PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of Notarized photocopy of last Will and Testament of deceased filed by petitioner namely Vimladevi Sajjan Shroff being sole Executrix named under the Will of deceased. The deceased namely Basantlal Jankilal Shroff died at Mumbai on 22.11.2006. 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 15.01.2006 and the Notarized photocopy of the said Will dated 18.01.2007. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executrix. Only one Executrix appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at para No. V of the Will.

Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. As per Exhibit – F annexed to the petition, wife of deceased died on 20.02.1992 who predeceased the deceased. As per para No. 9 of the petition, deceased was survived by one daughter-in-law, six granddaughters, five grandsons, one granddaughter-in-law. Legal heirs of granddaughter-in-law namely Seema Vinod Poddar not stated in petition. Out of them daughter-inlaw of deceased is petitioner herein and granddaughter namely Usha, grandsons namely Shyamsunder and Vikesh, granddaughter-in-law namely Seema, granddaughter namely Anju have been served with the citation through the office of Sheriff, Mumbai and Affidavit of Service dated 28.07.2025 is filed to that effect 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. Affidavit of Dr. Paras K. Punamiya dated 02.12.2023 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 25.08.2025 is filed.

Ld. Advocate for petitioner file praecipe to place on board as and when the matter is completely ready for final grant.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

12.11.2025