Rajesh Shorilal Makad vs Swarnakanta Shorilal Makad — Bombay HC (2025) — LawSathi Research

Rajesh Shorilal Makad vs Swarnakanta Shorilal Makad — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Probate not granted at this stage. Delay condoned; petitioner's Advocate directed to take steps to serve the citation on the deceased's daughter through the office of Sheriff, Mumbai, and to file a praecipe to place the matter on board once all compliance is completed.

Issue for consideration

Whether probate of the last Will and Testament of Swarnakanta Shorilal Makad (executed at Mumbai on 12.06.2024) should be granted to the petitioner, Rajesh Shorilal Makad, as sole Executor named under the Will. +1 more

Court's answer

Affidavits of both Attesting Witnesses to the Will, Kiran H. Rane and Chaitrali Kiran Rane, dated 12.08.2025, have been filed and form part of the record.

Ratio / Principle

The Affidavit of Service of General Citation dated 13.11.2025 has been filed and forms part of the record.

Key takeaways

The delay in the matter is explained and stands condoned by the Registrar.ratio¶10
As the daughter of the deceased had not been served with the citation through the office of Sheriff, Mumbai, the petitioner's Advocate was directed to take steps to effect such service.ratio¶9
Consideration of the probate petition is deferred: the petitioner's Advocate is to file a praecipe to place the matter on board as and when all compliance is completed.ratio

Detailed headnote1 paragraphs

Probate petition (WILL/1860/2025) filed by Rajesh Shorilal Makad as sole Executor under the last Will and Testament dated 12.06.2024 (in English, residuary clause at Para 10) of his mother Swarnakanta Shorilal Makad, who died at Mumbai on 09.04.2025; death certificate and Aadhaar card annexed. Petitioner's oath filed; affidavits of both attesting witnesses (Kiran H. Rane and Chaitrali Kiran Rane, dated 12.08.2025) and Affidavit of Service of General Citation (13.11.2025) on record; delay explained and condoned. Deceased's husband predeceased her; she was survived by two sons (the petitioner, and another son already served with citation through the Sheriff, Mumbai) and one married daughter, who had NOT been served with the citation. The Company Registrar/Testamentary Registrar (Mrs. Kavita Y. Ambekar) directed the Advocate to take steps for service on the daughter and to file a praecipe for placing the matter on board on completion of all compliance. No probate grant made at this stage; matter kept pending for compliance.

SLG

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

CALLED FOR HEARING :

26 TP/4818/2025 (E-filing) WITH

WILL/1860/2025

Ms. Mrunali Lanjewar i/b. MDP Associates, 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 Rajesh Shorilal Makad being sole Executor named under the Will of deceased. The deceased namely Swarnakanta Shorilal Makad died at Mumbai on 09.04.2025. 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 12.06.2024. The said Will is in English language. The Para No. 3 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. 10 of the Will.

Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. Deceased was survived by two sons and one married daughter. Out of them one son is petitioner herein and another son has been served with the citation through the office of Sheriff, Mumbai and Affidavit of Service of citation dated 13.11.2025 is filed to that effect hence, daughter of deceased has not been served with the citation through the office of Sheriff, Mumbai hence, Advocate to take steps accordingly. There are no other legal heirs.

Petitioner's oath is filed. Affidavits of Kiran H. Rane and Chaitrali Kiran Rane dated 12.08.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 13.11.2025 is filed. Delay is explained and the same is condoned.

Ld. Advocate for petitioner file praecipe to place on board as and when all compliance is done in this matter.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

16.12.2025