Allowed¶11

Pinakin Jayantilal Shah v. Sudha Jayantilal Shah (Deceased)

Bombay HC13 Jan 2026TP/4690/2025

Case brief

AI extract

What is this about?

Probate; testamentary petition; limited probate; photocopy of Will; Gujarati Will executed at Mumbai on 27.12.1988; testatrix Sudha Jayantilal Shah died at Canada 17.03.2025; sole surviving executor Pinakin Jayantilal Shah; co-executor Jayantilal Shah died 08.05.2015; attesting witness affidavit Shirishchandra H. Sanjanwala; general citation served; no caveat verification; Company Registrar / Testamentary Registrar; decision dated 13.01.2026.

What did the court decide?

Limited Probate of the photocopy of the last Will and Testament of deceased Sudha Jayantilal Shah granted to petitioner Pinakin Jayantilal Shah as sole surviving executor, subject to verification that no cross petition or caveat has been filed. ¶11

Pinakin Jayantilal Shah vs Sudha Jayantilal Shah (Deceased) — Bombay HC (2026) — LawSathi Research

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13^th January, 2026

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CALLED FOR HEARING :

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24 TP/4690/2025 (E-filing) WITH

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WILL/1779/2025

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

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PC : 1. Perused amended 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.

¶8

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 namely Ashish Gohil dated 06.01.2026 certifying that true and correct translation of the Will is 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.

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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.

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Petitioner's oath is filed. Affidavit of Shirishchandra H. Sanjanwala dated 12.12.2025 one of the Attesting Witness to the Will is filed separately through e- filing. Affidavit of Service of General Citation dated 13.10.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

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Office to issue LIMITED 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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13.01.2026

Pinakin Jayantilal Shah v. Sudha Jayantilal Shah (Deceased)

Case brief

What is this about?

What did the court decide?

Pinakin Jayantilal Shah v. Sudha Jayantilal Shah (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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