Allowed¶10

Dayaben Kantilal Shah v. Ashru Vanmalidas Shah

Bombay HC7 Jan 2026TP/96/2026

Case brief

AI extract

What is this about?

Probate granted, Testamentary Petition TP/96/2026, Will dated 03.01.2024, testatrix Ashru Vanmalidas Shah died Mumbai 04.07.2025 spinster, executors Dayaben Kantilal Shah and Ashwin Kantilal Shah, consent affidavits of legal heirs (nephews and nieces of predeceased brother Kantilal V. Shah), attesting witness affidavit Simran Gupta 24.11.2025, general citation service affidavit 23.01.2026, caveat and cross-petition verification before issuance, Company Registrar / Testamentary Registrar Kavita Y. Ambekar, decision 24.02.2026, counsel Rahul Agrawal of Purnanand and Co.

What did the court decide?

Probate of the Will to be issued as prayed to the petitioner-executors, subject to the Office verifying that no cross petition or caveat is filed. ¶10

Dayaben Kantilal Shah vs Ashru Vanmalidas Shah — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Probate of the Will to be issued as prayed to the petitioner-executors, subject to the Office verifying that no cross petition or caveat is filed.

¶10

Issue for consideration

Whether probate of the last Will and Testament (executed at Mumbai on 03.01.2024) of deceased Ashru Vanmalidas Shah should be granted to the petitioner-executors Dayaben Kantilal Shah and Ashwin Kantilal Shah. +1 more

¶7

Court's answer

The two petitioners are the only Executors appointed under the Will (para 3 of the Will); the residuary clause is at page No. 5 of the Will.

¶8

Ratio / Principle

There are no legal heirs other than the consenting nephews and nieces of the deceased's predeceased brother; consent affidavits of all legal heirs are on record.

¶9

Key takeaways

All legal formalities stand complied with (petitioner's oath, attesting witness affidavit, service affidavit) and the probate petition is granted.ratio¶10
The Office is directed to issue probate as prayed, after verifying whether any cross petition or caveat is filed.ratio¶11

Detailed headnote1 paragraphs

Testamentary Petition (TP/96/2026, e-filing, listed with WILL/37/2026) decided on 24.02.2026 by Mrs. Kavita Y. Ambekar, Company Registrar / Testamentary Registrar. The petition sought probate of the last Will and Testament, duly executed at Mumbai on 03.01.2024, of deceased Ashru Vanmalidas Shah, who died unmarried (spinster) at Mumbai on 04.07.2025. Petitioners Dayaben Kantilal Shah and Ashwin Kantilal Shah are the only two Executors appointed under the Will (para 3); the residuary clause is at page No. 5. The deceased was survived by three nephews and three nieces (children of her predeceased brother Kantilal V. Shah), one nephew being petitioner No. 2; all other legal heirs gave consents supported by consent affidavits on record, with no other legal heirs. Death certificate and Aadhaar Card were annexed; petitioner's oath, affidavit of attesting witness Simran Gupta dated 24.11.2025, and Affidavit of Service of General Citation dated 23.01.2026 were filed. Finding all legal formalities complied with, the Registrar granted the petition and directed the Office to issue probate as prayed after verifying whether any cross petition or caveat is filed.

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 24^th February, 2026

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CALLED FOR HEARING :

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31 TP/96/2026 (E-filing) WITH

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WILL/37/2026

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Mr. Rahul Agrawal i/b. Purnanand and Co., Advocate for petitioners

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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 petitioners namely Dayaben Kantilal Shah and Ashwin Kantilal Shah being Executors named under the Will of deceased. The deceased namely Ashru Vanmalidas Shah died at Mumbai on 04.07.2025. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

¶8

The deceased left behind her last Will and Testament which was duly executed at Mumbai on 03.01.2024. The said Will is in English language. The Para No.3 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will who both are petitioners herein. Residuary clause in respect of properties of deceased is mentioned at page No. 5 of the Will.

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Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Deceased had one brother namely Kantilal V. Shah who died leaving behind three daughters and three sons. Deceased was survived by three nephews and three nieces. Out of them one nephew is petitioner No. 2 herein and all other legal heirs have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

¶10

Petitioner's oath is filed. Affidavit of Simran Gupta dated 24.11.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 23.01.2026 is filed. 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 / TESTAMENTARY REGISTRAR

¶13

24.02.2026

Dayaben Kantilal Shah v. Ashru Vanmalidas Shah

Case brief

What is this about?

What did the court decide?

Dayaben Kantilal Shah v. Ashru Vanmalidas Shah

Case brief

What is this about?

What did the court decide?

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