Allowed¶9

Hitesh Ramesh Thacker v. Ramesh Thacker

Bombay HC5 Aug 2025TP/3995/2025

Case brief

AI extract

What is this about?

Probate; Testamentary Petition 17 TP/3995/2025 (E-filing); petitioner Hitesh Ramesh Thacker as sole Executor under Will dated 14.10.2016 of deceased Ramesh Thacker (died 18.01.2017, Mumbai); consent affidavits of widow and two daughters; attesting witnesses Shailesh Thakkar and Uma Mehrotra (affidavits dated 04.03.2025); general citation service affidavit dated 16.09.2025; delay condonation; advocate Archita Gharat i/b. Kanga and Co.; Company Registrar / Testamentary Registrar Mrs. Kavita Y. Ambekar; order dated 02.12.2025; caveat and cross-petition check before issuance.

What did the court decide?

Probate of the last Will and Testament of the deceased granted as prayed to the petitioner as sole Executor, to be issued by the Office after verification that no cross petition or caveat is filed. ¶9

Hitesh Ramesh Thacker vs Ramesh Thacker — Bombay HC (2025) — LawSathi Research

¶1

SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2^nd December, 2025

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CALLED FOR HEARING :

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17 TP/3995/2025 (E-filing)

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Ms. Archita Gharat i/b. Kanga and Co., 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 Hitesh Ramesh Thacker being sole Executor named under the Will of deceased. The deceased namely Ramesh Thacker died at Mumbai on 18.01.2017. 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 his last Will and Testament which was duly executed at Mumbai on 14.10.2016. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at para No. 8 of the Will.

¶8

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

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Petitioner's oath is filed. Affidavits of Shailesh Thakkar and Uma Mehrotra dated 04.03.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 16.09.2025 is filed. Delay is explained in para No. 9 of the petition and the same is condoned. 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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02.12.2025

Hitesh Ramesh Thacker v. Ramesh Thacker

Case brief

What is this about?

What did the court decide?

Hitesh Ramesh Thacker v. Ramesh Thacker

Case brief

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