Barkha Sanjay Mahtani vs Kamla Rijhumal Thuthija alias Kamla Rijhumal Punjabi — Bombay HC (2026) — LawSathi Research

Barkha Sanjay Mahtani vs Kamla Rijhumal Thuthija alias Kamla Rijhumal Punjabi — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Grant of Probate of the last Will and Testament of the deceased to the petitioner as Executrix; Office directed to issue Probate as prayed after verifying that no cross petition or caveat has been filed.

Issue for consideration

Whether the petitioner, as sole Executrix named under the Will of the deceased, is entitled to a grant of Probate of the last Will and Testament upon proof of due execution and compliance with legal formalities. +1 more

Court's answer

The Will was duly executed at Mumbai on 08.02.2023 and appoints the petitioner as its sole Executrix, with the residuary clause at para No.24 of the Will.

Ratio / Principle

The deceased was survived by one brother and one sister who gave their consents in favour of the petitioner, and there are no other legal heirs.

Key takeaways

Delay in the proceedings is explained and condoned.ratio¶10
All legal formalities having been complied with, the Probate petition is granted.ratio¶10
Probate is to be issued as prayed, subject to the Office verifying that no cross petition or caveat has been filed.ratio¶11

Detailed headnote1 paragraphs

Testamentary Petition (TP/5981/2025, E-filing, heard with WILL/2210/2025) before the Company Registrar / Testamentary Registrar, Mrs. Kavita Y. Ambekar, decided 18.02.2026. Petition for Probate of the last Will and Testament of Kamla Rijhumal Thuthija, who died at Mumbai on 13.09.2025 as a spinster, filed by Barkha Sanajy Mahtani, the sole Executrix named under the Will executed at Mumbai on 08.02.2023 (appointment of Executrix at Para No.3; residuary clause at para No.24). The deceased's parents predeceased her, as did brothers Motilal and Shyam and sister Sunita; she was survived by one brother and one sister who consented by a Joint Consent Affidavit, and there are no other legal heirs. Affidavit of attesting witness Vasant Virumal Panjabi dated 15.09.2025 and Affidavit of Service of General Citation dated 30.01.2026 were placed on record; delay was explained and condoned. Holding that all legal formalities were complied with, the Registrar granted the petition and directed the Office to issue Probate as prayed after verifying that no cross petition or caveat has been filed.

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 18^th February, 2026

CALLED FOR HEARING :

22 TP/5981/2025 (E-filing) WITH

WILL/2210/2025

Ms. Bina Shivhare, 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 Barkha Sanajy Mahtani being Executrix named under the Will of deceased. The deceased namely Kamla Rijhumal Thuthija died at Mumbai on 13.09.2025. 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 08.02.2023. The said Will is in English language. The Para No.3 of the Will refers to the appointment of Executrix. Only one Executrix appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at para No. 24 of the Will.

Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Two brothers of deceased namely Motilal and Shyam and one sister namely Sunita predeceased the deceased the deceased. Deceased was survived by one brother and one sister who all have given their consents in favour of the petitioner herein. Joint Consent Affidavit is on record. There are no other legal heirs.

Petitioner's oath is filed. Affidavit of Vasant Virumal Panjabi dated 15.09.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 30.01.2026 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

18.02.2026