Pinakin Jayantilal Shah vs Sudha Jayantilal Shah (Deceased) — Bombay HC (2025) — LawSathi Research

Pinakin Jayantilal Shah vs Sudha Jayantilal Shah (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Leave to amend the Schedule of the petition granted (amendment within twelve weeks of uploading of the order; amended petition to be re-uploaded on the official portal of the Bombay High Court; reverification dispensed with upon signing of the Schedule by the petitioner); matter to be placed on board for final grant upon praecipe when completely ready.

Issue for consideration

Grant of probate of the photocopy of the last Will and Testament (executed 27.12.1988) of deceased Sudha Jayantilal Shah, the petitioner being the sole surviving executor named under the Will. +1 more

Court's answer

Final grant deferred: the petitioner is to file a praecipe to place the matter on board as and when it is completely ready for final grant.

Ratio / Principle

Leave to amend the Schedule of the petition is allowed; the amendment is to be carried out within twelve weeks from the date of uploading of this order.

Key takeaways

The amended petition is to be re-uploaded on the official portal of the Bombay High Court, and upon signing of the Schedule by the petitioner, reverification is dispensed with.ratio¶7
The Registrar recorded that the Affidavit of the Advocate for petitioner certifying a true and correct translation of the (Gujarati) Will had not been filed.ratio¶7
The Registrar observed that the signature of the attesting witness (Shirishchandra H. Sanjanwala) does not tally.

Detailed headnote1 paragraphs

Testamentary Petition 30 TP/4690/2025 (E-filing) before the Company Registrar / Testamentary Registrar (Mrs. Kavita Y. Ambekar), Bombay High Court, order dated 14.11.2025. Probate sought of a photocopy of the Gujarati Will executed at Mumbai on 27.12.1988 by Sudha Jayantilal Shah (died at Canada on 17.03.2025), by sole surviving executor Pinakin Jayantilal Shah (co-executor Jayantilal Shah died 08.05.2015). The Registrar noted that the affidavit certifying the true and correct translation of the Will had not been filed and that the signature of attesting witness Shirishchandra H. Sanjanwala (affidavit dated 05.07.2025) did not tally; the Schedule concerning the flat at Devshakti Shantacruz was improper. Amendment of the Schedule was allowed, to be carried out within twelve weeks, with the amended petition to be re-uploaded on the Bombay High Court portal and reverification dispensed with upon signing by the petitioner. Final grant deferred: petitioner to file praecipe when the matter is completely ready.

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 14^th November, 2025

CALLED FOR HEARING :

30 TP/4690/2025 (E-filing)

Mr. Zulfiq Multani i/b. Manoj Kumar Mishra, Advocate for petitioner

PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of photocopy of last Will and Testament of deceased filed by petitioner namely Pinakin Jayantilal Shah being sole surviving Executor named under the Will of deceased. The deceased namely Sudha Jayantilal Shah died at Canada on 17.03.2025. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

The deceased left behind her last Will and Testament which was duly executed at Mumbai on 27.12.1988. The said Will is in Gujarati language and translation of the said Will is annexed to the petition however, Affidavit of Advocate for petitioner certifying that true and correct translation of the Will is not filed. The page No. 3 para No. 3 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. As per para No. 6 of the petition, one executor namely Jayantilal Shah died on 08.05.2015 hence, petitioner is sole surviving executor. The flat at Devshakti Shantacruz is referred in para No. 4 of the Will however, Schedule is not proper hence, Advocate to take steps. Ld. Advocate for petitioner seeks leave to carry out amendment in the Schedule. Amendment is allowed. Ld. Advocate for petitioner to carry out amendment within twelve 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. Upon signing of the Schedule by petitioner, reverification is dispensed with.

Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. Deceased was survived by one son who is petitioner herein. There are no other legal heirs.

Petitioner's oath is filed. Affidavit of Shirishchandra H. Sanjanwala dated 05.07.2025 one of the Attesting Witness to the Will is filed. However, signature of the said witness does not tally. Affidavit of Service of General Citation dated 13.10.2025 is filed.

Ld. Advocate for petitioner file praecipe to place on board as and when the matter is completely ready for final grant.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

14.11.2025