Kamal Kant Kothari vs Late Snehlata Kothari — Bombay HC (2025) — LawSathi Research

Kamal Kant Kothari vs Late Snehlata Kothari — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Probate of the last Will and Testament of deceased Snehlata Kothari granted to petitioner Kamal Kant Kothari (sole executor, the co-executrix having renounced), with the Office to issue probate subject to the Master (Admn.) verifying that the original Will and original Death Certificate are filed and that no cross petition or caveat is filed.

Issue for consideration

Whether the legal formalities requisite for grant of probate of the deceased's last Will and Testament stood complied with, entitling the petitioner — sole surviving executor after the co-executrix's renunciation — to be granted probate.

Court's answer

On perusal of the petition and hearing counsel, the Registrar found that all other legal formalities stood complied with and accordingly granted the petition for probate.

Ratio / Principle

The Office was directed to issue probate subject to the Master (Admn.) verifying whether the original Will along with the original Death Certificate have been filed in the present petition.

Key takeaways

Issuance of probate was further made subject to verification of whether any cross petition or caveat is filed.ratio¶10
Only two Executors were appointed under the Will; with the other executrix (Neera Kothari) having renounced her right to act as executor, the petitioner pursued probate as the sole executor.ratio¶7

Detailed headnote1 paragraphs

Testamentary Petition TP/3008/2024 (E-filing), Bombay High Court, before Mrs. Kavita Y. Ambekar, Company Registrar / Testamentary Registrar, decided 13.11.2025: Probate granted of the Hindi-language last Will and Testament of Snehlata Kothari (executed at Mumbai on 18.07.2007; died at Mumbai on 28.05.2022), to petitioner Kamal Kant Kothari, one of the two Executors appointed under the Will, the co-executrix Neera Kothari having renounced her right to act as executor (affidavit dated 21.12.2023). Counsel stated the deceased was survived only by her son, the petitioner, with no other legal heirs. With the petitioner's oath, affidavits of both attesting witnesses (Dr. Sainath Shetty and Paras Chand Hirawat, dated 28.11.2023) and the Affidavit of Service of General Citation dated 06.08.2024 on record, all other legal formalities were held complied with and the petition was granted; the Office was to issue probate subject to the Master (Admn.) verifying filing of the original Will and original Death Certificate and absence of any cross-petition or caveat.

SLG

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

CALLED FOR DIRECTION :

22 TP/3008/2024 (E-filing)

Ms. Sheejal Shetty a/w. Anagha Maniprasad i/b. B. Gopalkrishnan, Advocate for petitioner

PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Ld. Advocate for petitioner has uploaded the amended petition on the official portal of the Bombay High Court, which is amended on 01.10.2025. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Kamal Kant Kothari being sole Executor named under the Will of deceased. The deceased namely Snehlata Kothari died at Mumbai on 28.05.2022. 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 18.07.2007. The said Will is in Hindi language and translation of the Will of the Chief Translator is uploaded separately through e- filing. The last sentence of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executrix namely Neera Kothari has renounced her rights to act as an executor and Affidavit dated 21.12.2023 is filed to that effect.

Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased was survived by one son who is petitioner herein. There are no other legal heirs.

Petitioner's oath is filed. Affidavits of Dr. Sainath Shetty and Paras Chand Hirawat dated 28.11.2023 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 06.08.2024 is filed. All other legal formalities are complied with. Hence, petition is granted. Ld. Advocate for petitioner states that the original Will is filed on 06.06.2024.

Office to issue Probate subject to verifying by the Master (Admn.) whether the original Will alongwith original Death Certificate are filed or not, in the present petition and any cross petition is filed or whether any caveat is filed .

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

13.11.2025