Mahesh Kanayalal Lulla vs Vanita Shyam Raheja — Bombay HC (2026) — LawSathi Research

Mahesh Kanayalal Lulla vs Vanita Shyam Raheja — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

At the called-for-hearing stage the petition was neither granted nor refused: delay was condoned, the office was directed to proceed with the petition, and liberty was given to move for listing upon compliance of the requisition that the present ownership of the Schedule property be stated.

Issue for consideration

Whether probate should be granted of the last joint Will and Testament of Vanita Shyam Raheja and Shyam Tarachand Raheja, executed at Mumbai on 19.01.2017, with petitioner Mahesh Kanayalal Lulla as the sole Executor appointed under the Will. +1 more

Court's answer

With TP No. 928 of 2020 withdrawn and TP No. 554 of 2021 dismissed for want of prosecution, the office was directed to proceed with the present petition.

Ratio / Principle

Delay in the proceedings was explained and condoned.

Key takeaways

Requisition recorded that the present ownership of the property is not stated in the Schedule; the advocate was directed to take steps accordingly.ratio¶9
Probate was not granted at this hearing; liberty was given to move for listing the matter upon compliance of the requisition stated in bold.ratio¶14

Detailed headnote1 paragraphs

Testamentary Petition TP/5534/2025 (E-filing) (with WILL/2085/2025), before the Company Registrar / Testamentary Registrar (Mrs. Kavita Y. Ambekar), 11.03.2026. Petition by Mahesh Kanayalal Lulla, the sole Executor appointed under the last joint Will and Testament executed at Mumbai on 19.01.2017, for probate of the estate of Vanita Shyam Raheja (died at Mumbai 06.10.2019) and Shyam Tarachand Raheja (died at Mumbai 25.03.2021), who were husband and wife. Two earlier petitions for the estate of Vanita Shyam Raheja — TP No. 928 of 2020 and TP No. 554 of 2021 — were closed by order dated 22.07.2025 (withdrawal and dismissal for want of prosecution respectively), and the office was directed to proceed with the present petition. Petitioner's oath filed; affidavit of attesting witness Baldev Idnani dated 22.07.2025 filed; Affidavit of Service of General Citation dated 04.12.2025 filed; delay explained and condoned. Counsel submitted that the deceased died issueless and were survived by four nephews and five nieces, of whom one nephew is the petitioner and all other legal heirs were served citation through newspaper publication (Affidavit of Service of Publication dated 12.02.2026), with no other legal heirs. Residuary clause at para V of the Will. Requisition: the present ownership of the property is not stated in the Schedule — advocate to take steps accordingly. Liberty to move for listing on compliance; probate not yet granted.

SLG

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

CALLED FOR HEARING :

18 TP/5534/2025 (E-filing) WITH

WILL/2085/2025

Ms. Vinaya Supe i/b. Rajesh Wadhwani, Advocate for petitioner

PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. The present petition is for Probate for the estate of deceased namely Vanita Shyam Raheja and Shyam Tarachand Raheja, There are other two petitions are filed for the estate of deceased namely Vanita Shyam Raheja and those two petitions being TP No. 554 of 2021 and 928 of 2020. By an order dated 22.07.2025, TP No. 928 of 2020 was allowed to be withdrawn and TP No. 554 of 2021 was dismissed for want of prosecution. Office was directed to proceed with the present petition.

This petition is for Probate of last joint Will and Testament of deceased filed by petitioner namely Mahesh Kanayalal Lulla being Executor named under the Will of deceased. The deceased No. 1 namely Vanita Shyam Raheja died at Mumbai on 06.10.2019. 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 No. 2 namely Shyam Tarachand Raheja died at Mumbai on 25.03.2021. 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 their last joint Will and Testament which was duly executed at Mumbai on 19.01.2017. The said Will is in English language. The 1^st page last para of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner. Residuary clause in respect of properties of deceased is mentioned at para No. V of the Will. The present ownership of the property not stated in the Schedule. Advocate to take steps accordingly.

Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Both the deceased were husband and wife. Both the deceased died issueless. Deceased No. 2 had one brother and two sisters who all have expired. As per para No. 9 of the petition, both the deceased were survived by four nephews and five nieces. Out of them one nephew is petitioner herein and all other legal heirs have been served with the citation through newspaper publication and Affidavit of Service of Publication dated 12.02.2026. There are no other legal heirs. …...2

SLG

-- 2 --

Petitioner's oath is filed. Affidavit of Baldev Idnani dated 22.07.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 04.12.2025 is filed. Delay is explained and the same is condoned.

Liberty to move for listing the matter on compliance of requisition stated in Bold hereinabove.

11.03.2026

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR