Jahnvi Vijaykumar Patel vs Arunkumar Patel (Deceased) — Bombay HC (2025) — LawSathi Research

Jahnvi Vijaykumar Patel vs Arunkumar Patel (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether the petition for probate of the last Will and Testament of the deceased, filed by the two Executors named under the Will, complies with all legal formalities and merits grant of probate. +1 more

Court's answer

The Registrar found that all other legal formalities required for the grant of probate were complied with, and accordingly granted the petition.

Ratio / Principle

The daughter of the deceased is petitioner No. 1, and the widow and one son of the deceased gave their consent in favour of the petitioner; their Consent Affidavits are on record.

Key takeaways

Another son of the deceased, Nayan Patel, was served through newspaper publication (Affidavit of Service dated 03.06.2025), and there are no other legal heirs of the deceased.ratio¶¶8
Para No. 5 of the Will refers to the appointment of Executors, and only two Executors were appointed under the Will.ratio¶¶7

Detailed headnote1 paragraphs

Testamentary Petition TP/4160/2024 - Probate granted. Petition filed by Jahnvi Vijaykumar Patel (daughter of the deceased, petitioner No. 1) and Vijaykumar Mulchandas Patel, the only two Executors appointed under Para No. 5 of the last Will and Testament of Arunkumar Patel, executed at Khambat (Gujarat) on 20.03.2013 in Gujarati language (translation annexed with Advocate's affidavit dated 05.08.2025); the testator died at Mumbai on 18.10.2017. The parents of the deceased predeceased him; he was survived by his widow, two sons and one daughter. The widow and one son gave consent affidavits in favour of the petitioners; the other son, Nayan Patel, was served through newspaper publication (Affidavit of Service dated 03.06.2025); there were no other legal heirs. Affidavit of attesting witness Khushmanbhai Shantilal Patel dated 18.06.2024 was filed, and the petitioner's oath taken. Holding that all other legal formalities were complied with, the Company Registrar / Testamentary Registrar (Mrs. Kavita Y. Ambekar) granted the petition on 25.09.2025 and directed the Office to issue probate as prayed after verifying whether any cross petition or caveat is filed.

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 25^th September, 2025

CALLED FOR HEARING :

8 TP/4160/2024 (E-filing)

Ms. Dhanashree Gaikaiwari i/b. Bilawala and Co., 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 petitioners namely Jahnvi Vijaykumar Patel and Vijaykumar Mulchandas Patel being Executors named under the Will of deceased. The deceased namely Arunkumar Patel died at Mumbai on 18.10.2017. 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 his last Will and Testament which was duly executed at Khambat in State of Gujarat on 20.03.2013. The said Will is in Gujarati language and translation of the Will is annexed to the petition. Affidavit of Advocate dated 05.08.2025 with respect to the translation of the Will is annexed. The Para No. 5 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will.

Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow, two sons and one daughter. Out of them daughter is petitioner No. 1 herein and the widow and one son have given their consents in favour of the petitioner. Consent Affidavits are on record. Another son of deceased namely Nayan Patel has been served through newspaper publication and Affidavit of Service of publication dated 03.06.2025 is filed. There are no other legal heirs.

Petitioner's oath is filed. Affidavit of Khushmanbhai Shantilal Patel dated 18.06.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 03.06.2025 is filed. 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 / 25.09.2025 TESTAMENTARY REGISTRAR