Allowed¶9

Pranav Navinchandra Ashar v. Vijaysinh Govindji Ashar

Bombay HC10 Oct 2025TP/3639/2025

Case brief

AI extract

What is this about?

Keywords: double probate; testamentary petition; TP/3639/2025; Will executed 18.07.2017 at Ambernath, Thane; executor reserved rights; prior probate TP No. 1159 of 2024 (grant 21.08.2024); unadministered estate; consent of son/legal heir; attesting witness affidavit; general citation; caveat and cross petition verification; Testamentary Registrar order dated 10.10.2025.

What did the court decide?

Double probate of the last Will and Testament of the deceased to be issued to the petitioner as prayed, after verification that no cross petition or caveat has been filed. ¶9

Pranav Navinchandra Ashar vs Vijaysinh Govindji Ashar — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Double probate of the last Will and Testament of the deceased to be issued to the petitioner as prayed, after verification that no cross petition or caveat has been filed.

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Issue for consideration

Whether double probate of the last Will and Testament of the deceased should be granted to the petitioner, the third Executor who had reserved his rights to act as Executor.

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Court's answer

All legal formalities stand complied with and the petition for double probate is granted.

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Ratio / Principle

Of the three Executors appointed under the Will, the petitioner is one; the other two obtained probate in TP No. 1159 of 2024 and have since died, leaving the scheduled properties unadministered, while the petitioner had reserved his rights to act as Executor.

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Key takeaways

Office directed to issue double probate as prayed, after verifying whether any cross petition or caveat has been filed.ratio¶10

Detailed headnote1 paragraphs

Testamentary petition for double probate of the Will of Vijaya Govindji Ashar (died 21.04.2021 at Dombivali, Thane), executed at Ambernath, Thane on 18.07.2017. Three Executors were appointed; two of them (Navindchandra Govindji Ashar and Rajani Navinchandra Ashar) had obtained probate in TP No. 1159 of 2024 (grant issued 21.08.2024) and have since died, leaving the scheduled properties unadministered. Petitioner Pranav Navinchandra Ashar, the third Executor who had reserved his rights and had not taken the earlier grant, sought double probate. Counsel stated the deceased died a divorcee, predeceased by her mother, and was survived by one son who gave his consent to the petitioner. Petitioner's oath, attesting witness affidavit (Bhoomika Pandhare, 01.10.2024) and affidavit of service of general citation (20.08.2025) were on record. Finding all legal formalities complied with, the Company Registrar / Testamentary Registrar (Mrs. Kavita Y. Ambekar) granted the petition on 10.10.2025 and directed the Office to issue double probate after verifying that no cross petition or caveat was filed.

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 10^th October, 2025

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CALLED FOR HEARING :

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29 TP/3639/2025 (E-filing)

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Mr. Rupesh Ghadi 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 double Probate of last Will and Testament of deceased filed by petitioner namely Pranav Navinchandra Ashar being sole Executor named under the Will of deceased. The deceased namely Vijaya Govindji Ashar died at Dombivali, Thane on 21.04.2021. 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 Ambernath, Thane on 18.07.2017. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Petitioner is one of the executors and other two executors are died as stated in para No. 5 of the petition. The other two executors had filed petition being TP No. 1159 of 2024 and same was granted to petitioners herein namely Navindchandra Govindji Ashar and Rajani Navinchandra Ashar and grant was issued on 21.08.2024. Thereafter, both of them have died and properties mentioned in the schedule remained unadministered. Therefore, petitioner being third executor who had reserved his rights to act as an Executor has filed the present petition as stated in para No. 5 of the petition. Ld. Advocate for petitioner submits that the grant was not received by the petitioner in TP No. 1159 of 2024. Residuary clause in respect of properties of deceased is mentioned at para No. 4 of the Will.

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Ld. Advocate for petitioner submits that mother of deceased predeceased the deceased. Deceased died as divorcee. Deceased was survived by one son who has given his consent 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 Bhoomika Pandhare dated 01.10.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 20.08.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

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Office to issue double 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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10.10.2025

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SLG

Pranav Navinchandra Ashar v. Vijaysinh Govindji Ashar

Case brief

What is this about?

What did the court decide?

Pranav Navinchandra Ashar v. Vijaysinh Govindji Ashar

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

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