Harshida Nilesh Sheth vs Rajnikant Alias Rajanikant Dayalal Shah — Bombay HC (2025) — LawSathi Research

Harshida Nilesh Sheth vs Rajnikant Alias Rajanikant Dayalal Shah — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Probate of the last Will and Testament of the deceased granted to the petitioner as sole Executrix; Office directed to issue probate as prayed after verifying whether any cross petition or caveat is filed.

Issue for consideration

Whether the petitioner, as sole Executrix named under the Will of the deceased Rajnikant Dayalal Shah, has complied with all legal formalities requisite for the grant of probate. +1 more

Court's answer

All legal formalities for the grant of probate stand complied with, and the petition for probate is granted.

Ratio / Principle

On the heirs: the parents of the deceased predeceased him; his son Nimesh Shah predeceased him leaving a widow (who has remarried) and one son; the deceased was survived by his widow, one daughter (the petitioner) and one grandson; the widow has consented in favour of the petitioner; and there are no other legal heirs.

Detailed headnote1 paragraphs

Testamentary Petition TP/2775/2024 — Probate granted. Petitioner Harshida Nilesh Sheth, sole Executrix under the last Will and Testament of Rajnikant Dayalal Shah (died at Mumbai on 02.05.2023; Will duly executed at Mumbai on 28.04.2023, in English, with the residuary clause at para No. 6 of the Will), sought probate. Heirs: parents of the deceased predeceased him; son Nimesh Shah predeceased leaving a widow (since remarried) and one son; the deceased was survived by his widow, the petitioner-daughter and one grandson, Vachan Nimesh Shah; the widow gave her consent by Consent Affidavit on record, and the grandson was served by newspaper publication dated 26.09.2025; there are no other legal heirs. Petitioner's oath filed; affidavits of both attesting witnesses, Sameer Bandivadekar and Bhaskar V. Shetty, dated 14.08.2023 filed; Affidavit of Service of General Citation dated 14.02.2025 filed. Finding all legal formalities complied with, the Company Registrar / Testamentary Registrar (Mrs. Kavita Y. Ambekar) granted the petition on 13.11.2025 and directed the Office to issue probate as prayed after verifying that no cross petition or caveat is filed.

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13^th November, 2025

CALLED FOR HEARING :

21 TP/2775/2024 (E-filing)

Mr. Jay Varia i/b. Dhruvi Vora, 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 Harshida Nilesh Sheth being sole Executrix named under the Will of deceased. The deceased namely Rajnikant Dayalal Shah died at Mumbai on 02.05.2023. 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 his last Will and Testament which was duly executed at Mumbai on 28.04.2023. The said Will is in English language. The 2^nd page 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. 6 of the Will.

Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Son of deceased namely Nimesh Shah predeceased the deceased, leaving behind his widow and one son. Widow of the said Nimesh has remarried. Deceased was survived by his widow, one daughter and one grandson. Out of them daughter is petitioner herein and the widow has given her consent in favour of the petitioner herein. Consent Affidavit is on record. Affidavit of Service through newspaper publication dated 26.09.2025 for service upon grandson of deceased namely Vachan Nimesh Shah is filed . There are no other legal heirs.

Petitioner's oath is filed. Affidavits of Sameer Bandivadekar and Bhaskar V. Shetty dated 14.08.2023 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 14.02.2025 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

13.11.2025