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HIGH COURT OF BOMBAY
KAUSHAL KISHOR KAPADIA – Appellant
Versus
KRISHNARAJ DWARKADAS SHAMJI ALIAS KRISHNARAJ DWARKADAS (DECEASED) – Respondent
TP 1997/2021
BEFORE : MRS. C. J. BHATT,
COMPANY REGISTRAR /
TESTAMENTARY REGISTRAR
Date: 18th November, 2021
CALLED FOR ORDER :
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TP/1997/2021
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P.C.: 1. Advocate for petitioner has filed praecipe to place
the matter on board as all compliance are done in the
matter and no returnable date issued during the lock-
down.
2. This petition is uncontested matter wherein all
compliance appears to have been done by Advocate for
petitioner hence, it is placed today on board for order
dispensing with the presence of Advocate due to pan-
demic of COVID 19.
3. Upon perusal of petition, it appears that this peti-
tion is for Probate of last Will and Testament of de-
ceased filed by petitioner being sole Executor named
under the Will of deceased. Deceased said to have died
at Mumbai on 19.02.2020. Copy of death certificate is
annexed to the petition. Identification proof of de-
ceased viz. copy of Aadhar card is already annexed to
the petition.
4. Deceased left behind his last Will and Testament
which was duly executed at Mumbai on 23.01.2009.
The said Will is in English language.
5. Looking at the averment of the schedule of next-
of-kin, it is noticed that parents of deceased prede-
ceased the deceased. Deceased had no daughter and
was survived by widow and one adopted son. De-
ceased had no biological children. It is mentioned in
the petition that Kaushal Kishor Kapadia petitioner
herein was adopted by deceased and his wife viz.
Padmi K. Dwarkadas on 14.04.1981 however, there is
no formal adoption deed for the said adoption. As per
provision of section 7 and 11 of the Hindu Adoption
and Maintenance Act, 1956, wife of deceased Padmi
K. Dwarkadas has filed Affidavit dated 21.06.2021
whereby it is evident ….2
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CONTD…
TP/1997/2021
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– 2 –
that deceased had adopted the petitioner on 14.04.1981
with her consent and giving and taking ceremony was
performed on 14.04.1981. Joint Consent Affidavit is
annexed at Exhibit – ‘E’ to the petition. Petitioner has
also replied upon case of “M. Vanaja V/s. M. Sarla
Devi (Dead)” (Civil Appeal No. 8814 of 2010). Upon
perusal of the Will, the said Mr. Kaushal is sole execu-
tor and shown as son and not adopted son. The condi-
tions of provisions of section 7 and 11 of the Hindu
Adoption and Maintenance Act, 1956 are complied
with. As given in the petition, deceased’s adopted son
is petitioner and his wife has given her consent. Con-
sent Affidavit is on record. There are no other legal
heirs.
6. As regards the properties mentioned in the Will
and not shown in the schedule, description thereof is
given in para 15 of the petition.
7. Petitioner's oath is filed. Affidavit of both the At-
testing Witnesses to the Will are filed. Affidavit of Ser-
vice of General Citation is filed. All other legal for-
malities are complied with. Hence, petition is granted.
8. Office to issue Probate as prayed after verifying
whether any cross petition is filed or whether any
caveat is filed.
18.11.2021
COMPANY REGISTRAR /
TESTAMENTARY REGISTRAR
