Allowed¶10

Nitin Lalitkumar Modi v. Jasumati Lalitkumar Modi

Bombay HC11 Mar 2026TP/5522/2025

Case brief

AI extract

What is this about?

Probate; testamentary petition; TP/5522/2025; WILL/2036/2025; executor Nitin Lalitkumar Modi; testatrix Jasumati Lalitkumar Modi; Will executed at Mumbai on 20.06.2020; death at Gujarat on 28.10.2023; attesting witnesses Rachit Bharwada and Siddhant Sanghavi; affidavit of service of general citation 09.12.2025; consent affidavits of five married daughters; no other legal heirs; delay condoned; legal formalities complied; petition granted; Company Registrar / Testamentary Registrar Mrs. Kavita Y. Ambekar; order dated 11.03.2026.

What did the court decide?

Probate of the last Will and Testament of the deceased granted as prayed, subject to office verification that no cross petition or caveat is filed. ¶10

Nitin Lalitkumar Modi vs Jasumati Lalitkumar Modi — Bombay HC (2026) — LawSathi Research

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 11^th March, 2026

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CALLED FOR HEARING :

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16 TP/5522/2025 (E-filing) WITH

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WILL/2036/2025

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Mr. Vipul Patel i/b. Haresh Mehta, Advocate for petitioner

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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 Nitin Lalitkumar Modi being Executor named under the Will of deceased. The deceased namely Jasumati Lalitkumar Modi died at Gujarat on 28.10.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

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The deceased left behind her last Will and Testament which was duly executed at Mumbai on 20.06.2020. The said Will is in English language. The last para of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. The property mentioned in Schedule I annexed to the petition has referred in the Will.

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Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Husband of deceased since deceased the deceased. Deceased was survived by one son and five married daughters. Out of them son is petitioner herein and all five married daughters have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

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Petitioner's oath is filed. Affidavits of Rachit Bharwada and Siddhant Sanghavi dated 09.10.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 09.12.2025 is filed. Delay is explained and the same is condoned. 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 /

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TESTAMENTARY REGISTRAR

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11.03.2026

Nitin Lalitkumar Modi v. Jasumati Lalitkumar Modi

Case brief

What is this about?

What did the court decide?

Nitin Lalitkumar Modi v. Jasumati Lalitkumar Modi

Case brief

What is this about?

What did the court decide?

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What the court decided

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