Dilavar Rahimbhai Maredia vs Rajabali Alimohmed Maredia (Deceasd) — Bombay HC (2026) — LawSathi Research

Dilavar Rahimbhai Maredia vs Rajabali Alimohmed Maredia (Deceasd) — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Probate of the last Will and Testament of the deceased granted to petitioner Dilavar Rahimbhai Maredia, the Executor named under the Will; Office to issue probate as prayed after verifying that no cross petition or caveat has been filed.

Issue for consideration

Whether the petition for probate of the last Will and Testament of the deceased Rajabali Alimohmed Maredia complies with the required legal formalities so that probate may be granted to the petitioner, who is the Executor named under the Will.

Court's answer

The affidavit dated 23.11.2024 filed by the petitioner for non-availability of identification proof of the deceased is accepted.

Ratio / Principle

The delay in filing the administration bond dated 23.12.2025 is explained and the delay is condoned.

Key takeaways

All legal formalities having been complied with, the probate petition is granted.ratio¶10
The Office is directed to issue probate as prayed, after verifying whether any cross petition or caveat has been filed.ratio¶11

Detailed headnote1 paragraphs

Probate granted (TP/532/2025 E-filing, heard with WILL/216/2025): Petition filed by Dilavar Rahimbhai Maredia, the Executor appointed under Para 4 of the last Will and Testament of late Rajabali Alimohmed Maredia, who died a bachelor at Gujarat on 18.04.2004 and was survived by one brother who consented to the petition, with no other legal heirs. The Will was executed at Gujarat on 25.08.2002; the original is in Gujarati with the Chief Translator's translation uploaded separately, and the Schedule I property annexed to the petition is referred to in the Will. Supporting filings: affidavit of attesting witness Akbar Sabjaali Momin dated 23.11.2024; affidavit of general citation dated 21.02.2025; administration bond dated 23.12.2025, the delay being explained and condoned; and the petitioner's affidavit dated 23.11.2024 on non-availability of the deceased's identification proof was accepted. All legal formalities were found complied with and the petition was granted, with the Office directed to issue probate after verifying that no cross petition or caveat exists. Decided by Mrs. Kavita Y. Ambekar, Company Registrar / Testamentary Registrar, on 06.02.2026.

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 6^th February, 2026

CALLED FOR HEARING :

3 TP/532/2025 (E-filing) WITH

WILL/216/2025

Ms. Pushpa Thapa i/b. Priya Gajjar, 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 Dilavar Rahimbhai Maredia being the Executor named under the Will of deceased. The deceased namely late Shri Rajabali Alimohmed Maredia, died at Gujarat on 18.04.2004. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 23.11.2024 for non-availability of Identification proof of deceased. The same is accepted.

The deceased left behind him last Will and Testament which was duly executed at Gujarat on 25.08.2002. Original Will is in Gujarati Language and translation from Office of Chief Translator is uploaded separately. The Para No. 4 of the Will refers to the appointment of one Executor who is Petitioner herein. The property mentioned in Schedule I annexed to the petition has referred in the Will.

Ld. Advocate for petitioner submits that as per para 8 of the Petition, parents of predeceased the deceased. Deceased died as bachelor. Deceased was survived by one brother and who has given his consent in favour of the Petitioner herein. There are no other legal heirs.

Petitioner’s oath is filed. Affidavit of Akbar Sabjaali Momin dated 23.11.2024, one of the Attesting Witnesses to the Will is filed. affidavit of general citation is filed and it is dated 21.02.2025. Administration bond dated 23.12.2025 is filed. Delay is explained and the same is condoned. 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 / TESTAMENTARY REGISTRAR

06.02.2026