Allowed¶11

Shobhan Indravadan Diwanji v. Indravadan Chhaganlal Diwanji (Deceased)

Bombay HC14 Oct 2025TP/5046/2024

Case brief

AI extract

What is this about?

Probate granted; testamentary petition (TP); Will executed at Mumbai on 01.06.1988; testator Indravadan Chhaganlal Diwanji died 20.08.1988; petitioner-executor Shobhan Indravadan Diwanji; co-executor Prakash Munshi relinquished right to act; consent affidavit of daughter; attesting witness Bharat Jokharkar affidavit; affidavit of service of general citation through e-filing; non-availability of deceased's ID proof explained; no cross petition or caveat; Company Registrar / Testamentary Registrar Kavita Y. Ambekar; order dated 14.10.2025.

What did the court decide?

Probate to be issued as prayed, after the Office verifies whether any cross petition or caveat is filed. ¶11

Shobhan Indravadan Diwanji vs Indravadan Chhaganlal Diwanji (Deceased) — Bombay HC (2025) — LawSathi Research

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

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CALLED FOR HEARING :

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15 TP/5046/2024

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NO R & P

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Ms. Charmi Gala a/w. Bhumanyu Singh Champawat i/b. P S Chambers, Advocate for petitioner

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PC : 1. Records and proceedings not available. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Shobhan Indravadan Diwanji being one of the Executors named under the Will of deceased. The deceased namely Indravadan Chhaganlal Diwanji died at Mumbai on 20.08.1988. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 25.09.2025 for non-availability of identification proof of deceased. The same is accepted.

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The deceased left behind his last Will and Testament which was duly executed at Mumbai on 01.06.1988. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Prakash Munshi has relinquish his right to act as an executor and Affidavit dated 01.02.2024 is filed to that effect.

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Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by one son and one daughter. Out of them son is petitioner herein and the daughter has given her consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

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Petitioner's oath is filed. Affidavit of Bharat Jokharkar dated 22.03.2022 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 29.07.2025 is filed separately through e-filing. 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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14.10.2025

Shobhan Indravadan Diwanji v. Indravadan Chhaganlal Diwanji (Deceased)

Case brief

What is this about?

What did the court decide?

Shobhan Indravadan Diwanji v. Indravadan Chhaganlal Diwanji (Deceased)

Case brief

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What did the court decide?

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