Gautam Ajit Gidwani vs Mohina Ajit Gidwani — Bombay HC (2025) — LawSathi Research

Gautam Ajit Gidwani vs Mohina Ajit Gidwani — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether the petitioner, Gautam Ajit Gidwani, being one of the Executors named under the Will of the deceased Mohina Ajit Gidwani, is entitled to Probate of the said last Will and Testament. +1 more

Court's answer

All other legal formalities were found complied with, and accordingly the petition was granted.

Ratio / Principle

The delay was explained and condoned.

Key takeaways

The Office was directed to issue Probate as prayed, after verifying whether any cross petition or caveat is filed.ratio¶11

Detailed headnote1 paragraphs

Testamentary petition (21 TP/4100/2025, with WILL/1564/2025) for Probate of the last Will and Testament executed at Mumbai on 22.06.2022 by Mohina Ajit Gidwani (who died at Mumbai on 22.11.2024), filed by her son and named Executor Gautam Ajit Gidwani. Only two Executors were appointed under Para E of the Will; the co-executrix Veena Advani renounced her rights by affidavit dated 17.04.2025; the residuary clause is at Para C. Counsel stated the parents and husband predeceased the testatrix, and son Jayant also predeceased leaving a widow and one daughter; the surviving heirs (daughter, daughter-in-law, granddaughter) consented to the petitioner and consent affidavits are on record, with no other legal heirs. Petitioner's oath, affidavit of attesting witness Chitra Gidwani dated 05.05.2025, and affidavit of service of general citation dated 17.09.2025 were filed. The Registrar condoned the delay, held all legal formalities complied with, allowed the petition, and directed the Office to issue Probate after verifying that no cross petition or caveat is filed. Decided on 16.12.2025 by Mrs. Kavita Y. Ambekar, Company Registrar / Testamentary Registrar (the parent court is not named in the document).

SLG

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

CALLED FOR HEARING :

21 TP/4100/2025 (E-filing) WITH

WILL/1564/2025

Mr. Najam es sani Zain Ali Khan, Advocate for petitioner

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 Gautam Ajit Gidwani being one of the Executors named under the Will of deceased. The deceased namely Mohina Ajit Gidwani died at Mumbai on 22.11.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

The deceased left behind her last Will and Testament which was duly executed at Mumbai on 22.06.2022. The said Will is in English language. The Para No. E 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 Veena Advani has renounced her rights to act as executrix and Affidavit dated 17.04.2025. Residuary clause in respect of properties of deceased is mentioned at para No. C of the Will.

Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Son of deceased namely Jayant predeceased the deceased leaving behind his widow and one daughter. Deceased was survived by one son, one daughter, one daughter-in-law and one granddaughter. Out of them son is petitioner herein and all other legal heirs have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

Petitioner's oath is filed. Affidavit of Chitra Gidwani dated 05.05.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 17.09.2025 is filed. Delay is explained and the same is condoned. All other legal formalities are complied with. Hence, petition is granted.

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

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

16.12.2025