Allowed¶9

Amit Shankarlal Mundhra v. Chandadevi Kanhailal Mundhra (Deceased)

Bombay HC8 Jul 2025TP/349/2025

Case brief

AI extract

What is this about?

Bombay High Court; Testamentary Petition TP/349/2025; limited probate; probate of photocopy of Will; sole Executor Amit Shankarlal Mundhra; deceased Chandadevi Kanhaiyalal Mundhra died 10.10.2022 Mumbai; Will executed 22.07.2020 at Mumbai in English; amendment of title and prayer clause for LIMITED grant; consent affidavits of husband and son; affidavit of attesting witness Prabhudayal Mundhra dated 26.03.2025; Affidavit of Service of General Citation dated 25.02.2025; Company Registrar / Testamentary Registrar Mrs. K. Y. Ambekar; order dated 08.07.2025; advocate Ayush Yadav i/b Clove Legal.

What did the court decide?

Limited Probate of the photocopy of the last Will and Testament to be issued by the Office after the amendment is carried out and after verifying whether any cross petition or caveat is filed. ¶9

Amit Shankarlal Mundhra vs Chandadevi Kanhailal Mundhra (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Limited Probate of the photocopy of the last Will and Testament to be issued by the Office after the amendment is carried out and after verifying whether any cross petition or caveat is filed.

¶9

Issue for consideration

Whether the petitioner, sole Executor under the last Will and Testament of the deceased, is entitled to a limited grant of probate of the photocopy of the Will.

¶7

Court's answer

Leave granted to amend the title of the petition (inserting the word 'photocopy' instead of 'copy' of the Will) and the prayer clause for a LIMITED grant; amendment to be carried out within four weeks from the date of uploading of the order and the amended petition re-uploaded on the official portal of the Bombay High Court.

¶6

Ratio / Principle

The probate petition is granted, all legal formalities having been complied with.

¶9

Key takeaways

The Office is to issue Limited Probate once the amendment is carried out and after verifying whether any cross petition or caveat is filed.ratio¶10

Detailed headnote1 paragraphs

Testamentary Petition (21 TP/349/2025, E-filing) before the Company Registrar / Testamentary Registrar, Mrs. K. Y. Ambekar, Bombay High Court, order dated 08.07.2025. Petition by Amit Shankarlal Mundhra, sole Executor appointed under Para No. 3(a)(i) of the last Will and Testament of Chandadevi Kanhaiyalal Mundhra (who died at Mumbai on 10.10.2022), for probate of the photocopy of the Will duly executed at Mumbai on 22.07.2020 in English. Leave granted to amend the title (inserting the word 'photocopy' instead of 'copy' of the Will) and the prayer clause for a LIMITED grant, to be carried out within four weeks from uploading of the order. Deceased survived by husband and one son whose Consent Affidavits are on record; no other legal heirs; petitioner's oath, affidavit of attesting witness Prabhudayal Mundhra dated 26.03.2025, and Affidavit of Service of General Citation dated 25.02.2025 filed; death certificate and Aadhaar Card of deceased annexed. Petition granted; Office to issue Limited Probate after the amendment is carried out and after verifying whether any cross petition or caveat is filed.

¶1

SLG

¶2

BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 8^th July, 2025

¶3

CALLED FOR HEARING :

¶4

21 TP/349/2025 (E-filing)

¶5

Mr. Ayush Yadav i/b. Clove Legal, Advocate for petitioner

¶6

PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Ld. Advocate for petitioner seeks leave to amend the title and insert the word “photocopy” instead of “copy” of the Will and also amend the prayer clause of the petition for LIMITED grant. Amendment is allowed. Ld. Advocate for petitioner to carry out amendment within four weeks from the date of uploading of this order. Ld. Advocate for petitioner re-upload the amended petition on the official portal of the Bombay High Court.

¶7

This petition is for Probate of photocopy of last Will and Testament of deceased filed by petitioner namely Amit Shankarlal Mundhra being sole Executor named under the Will of deceased. The deceased namely Chandadevi Kanhaiyalal Mundhra died at Mumbai on 10.10.2022. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

¶8

The deceased left behind her last Will and Testament which was duly executed at Mumbai on 22.07.2020. The said Will is in English language. The Para No. 3(a)(i) of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.

¶9

Ld. Advocate for petitioner submits that deceased was survived by husband and one son who have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs. 5. Petitioner's oath is filed. Affidavit of Prabhudayal Mundhra dated 26.03.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 25.02.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

¶10

Office to issue LIMITED Probate as soon as amendment is carried out as stated hereinabove and after verifying whether any cross petition is filed or whether any caveat is filed.

¶11

08.07.2025

¶12

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Amit Shankarlal Mundhra v. Chandadevi Kanhailal Mundhra (Deceased)

Case brief

What is this about?

What did the court decide?

Amit Shankarlal Mundhra v. Chandadevi Kanhailal Mundhra (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Dastin Harry Masilamani Constituted Poa Holder of Ossie Maryan Masilamani vs Monty Harry Masilamani (Deceased)

Geeta Rao D/o Surendra Rao alias Geeta Surendra Pratap Rao vs Kushla Rao alias Kushla Surendra Pratap Rao (Deceased)

Khairunisa Sharafat Ali Sayed Alias Khairunnisa Sharafat Ali Sayed vs Dilshad Begum Mohd. Asgar Taqui Alias Dilshad Begum Taqi (Deceased)

Yogesh Jiwanlal Lakhani vs Jiwanlal Vanmalidas Lakhani (Deceased)

Anup Kumar Jotiba Bagdi vs Shobha Jotiba Bagdi

Chandrashekar Honnaya Bangera vs Mala Chandrashekar Bangera (Deceased)