Pruthviraj Chandulal Shah vs Rashmi Pruthviraj Shah — Bombay HC (2026) — LawSathi Research

Pruthviraj Chandulal Shah vs Rashmi Pruthviraj Shah — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Grant of Probate of the last Will and Testament of deceased Rashmi Pruthviraj Shah to petitioner Pruthviraj Chandulal Shah (one of the Executors under the Will), to be issued by the Office as prayed after verification that no cross petition or caveat is filed.

Issue for consideration

Whether all legal formalities for the grant of Probate of the deceased's last Will and Testament stood complied with, entitling the petitioner (an Executor under the Will) to the grant. +1 more

Court's answer

All other legal formalities for the grant of Probate were found to be complied with.

Ratio / Principle

Delay in the matter was explained and condoned.

Key takeaways

The Probate petition was granted.ratio¶10
Office directed to issue Probate as prayed, after verifying whether any cross petition or caveat is filed.ratio¶11

Detailed headnote1 paragraphs

Probate granted - TP/5670/2025 (E-filing) called for hearing with WILL/2192/2025 before the Company Registrar / Testamentary Registrar (Mrs. Kavita Y. Ambekar), order dated 16.01.2026. Pruthviraj Chandulal Shah, one of five Executors appointed under Para 3 of the last Will and Testament of Rashmi Pruthviraj Shah (who died at Mumbai on 08.05.2025), petitioned for Probate. The Will was duly executed at Mumbai on 20.02.2020 in Gujarati; its annexed translation was certified true and correct by the Affidavit of Kanta Veermani Aiyar dated 23.11.2025. Co-executors Pankaj Shah, Bharat Patni, Vishwesh Patni and Dr. Chetna Parikh reserved their rights to act as Executors (Affidavit dated 24.07.2025); the residuary clause is at Para 9 of the Will. The deceased was survived by her husband (the petitioner) and one daughter, whose consent affidavit is on record, with no other legal heirs. Petitioner's oath, the affidavit of attesting witness Pankaj Sevantilal Shah dated 24.07.2025, and the Affidavit of Service of General Citation dated 23.11.2025 were filed. Delay was explained and condoned; all other legal formalities were held complied with; the petition was granted and the Office directed to issue Probate as prayed after verifying whether any cross petition or caveat is filed.

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 16^th January, 2026

CALLED FOR HEARING :

19 TP/5670/2025 (E-filing) WITH

WILL/2192/2025

Mr. Jayant Wani, 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 Pruthviraj Chandulal Shah being one of the Executors named under the Will of deceased. The deceased namely Rashmi Pruthviraj Shah died at Mumbai on 08.05.2025. 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 her last Will and Testament which was duly executed at Mumbai on 20.02.2020. The said Will is in Gujarati language and translation of the said Will is annexed to the petition however, Affidavit Kanta Veermani Aiyar dated 23.11.2025 is filed for certifying that the said translation is true and correct. The Para No. 3 of the Will refers to the appointment of Executors. Only five Executors appointed under the Will. Petitioner is one of the executors and other executors namely Pankaj Shah, Bharat Patni, Vishwesh Patni and Dr. Chetna Parikh have reserved their rights to act as an Executors and Affidavit dated 24.07.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 9 of the Will.

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

Petitioner's oath is filed. Affidavit of Pankaj Sevantilal Shah dated 24.07.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 23.11.2025 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

16.01.2026