Allowed¶9

Nitish Dhirubhai Patel v. Manju Dhirubhai Patel

Bombay HC14 Jul 2025TP/3388/2025

Case brief

AI extract

What is this about?

Probate granted - Testamentary Petition (TP) 26 TP/3388/2025 - Will dated 01.06.2019 of Manju Dhirubhai Patel, died Mumbai 22.10.2023 - petitioner Nitesh Dhirubhai Patel, son and one of four Executors - renunciation by co-executors Gaurang Jayantilal Patel, Bindu Madhav Nagarkar and Amrish Shantikumar Vaidya - consents of two daughters, no other legal heirs - attesting witness affidavit of Deepak Kamble dated 26.12.2024 - Affidavit of Service of General Citation dated 30.07.2025 - all legal formalities complied with - order dated 16.09.2025 by Company Registrar / Testamentary Registrar Kavita Y. Ambekar - no statute or precedent cited.

What did the court decide?

Probate of the last Will and Testament of the deceased granted as prayed; Office to issue Probate after verifying whether any cross petition or caveat is filed. ¶9

Nitish Dhirubhai Patel vs Manju Dhirubhai Patel — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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

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Issue for consideration

Whether Probate of the last Will and Testament of the deceased (Manju Dhirubhai Patel, died at Mumbai on 22.10.2023) should be granted to petitioner Nitesh Dhirubhai Patel, one of the Executors named under the Will.

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Court's answer

The other three Executors appointed under the Will besides the petitioner - Gaurang Jayantilal Patel, Bindu Madhav Nagarkar and Amrish Shantikumar Vaidya - have renounced their rights to act as Executors.

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Ratio / Principle

All other legal formalities having been complied with, the petition for Probate is granted.

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Key takeaways

The Office is to issue Probate as prayed, after verifying whether any cross petition or caveat is filed.ratio¶10

Detailed headnote1 paragraphs

Testamentary Petition 26 TP/3388/2025 for Probate of the last Will and Testament executed at Mumbai on 01.06.2019 by deceased Manju Dhirubhai Patel (who died at Mumbai on 22.10.2023), filed by Nitesh Dhirubhai Patel, her son and one of the four Executors appointed under the English-language Will. The three other Executors - Gaurang Jayantilal Patel, Bindu Madhav Nagarkar and Amrish Shantikumar Vaidya - renounced their rights to act as Executors (renunciation affidavits dated Nil August, 2024, 08.11.2024 and 31.10.2024). The deceased's husband predeceased her; she was survived by the petitioner-son and two daughters, both of whom gave consents in favour of the petitioner (consent affidavits on record); no other legal heirs. Affidavit of attesting witness Deepak Kamble dated 26.12.2024 and Affidavit of Service of General Citation dated 30.07.2025 were filed. Holding that all other legal formalities were complied with, Mrs. Kavita Y. Ambekar, Company Registrar / Testamentary Registrar, by order dated 16.09.2025, granted the petition and directed the Office to issue Probate as prayed after verifying whether any cross petition or caveat is filed.

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 16^th September, 2025

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CALLED FOR HEARING :

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26 TP/3388/2025 (E-filing)

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Mr. Subhash Khade i/b. A. B. Shrikhande, Advocate for petitioner

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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 Nitesh Dhirubhai Patel being one of the Executors named under the Will of deceased. The deceased namely Manju Dhirubhai Patel died at Mumbai on 22.10.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

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The deceased left behind her last Will and Testament which was duly executed at Mumbai on 01.06.2019. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only four Executors appointed under the Will. Petitioner is one of the Executors and other three executors namely Gaurang Jayantilal Patel , Bindu Madhav Nagarkar and Amrish Shantikumar Vaidya have renounced their rights to act as an Executors and Affidavits dated Nil August, 2024, dated 08.11.2024 and dated 31.10.2024 are filed to that effect.

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Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. Deceased was survived by one son and two daughters. Out of them son is petitioner herein and both the daughters have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

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Petitioner's oath is filed. Affidavit of Deepak Kamble dated 26.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 30.07.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

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

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

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16.09.2025

Nitish Dhirubhai Patel v. Manju Dhirubhai Patel

Case brief

What is this about?

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Nitish Dhirubhai Patel v. Manju Dhirubhai Patel

Case brief

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What the court decided

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