Vispi Shapurji Dastur v. Arnawaz Soli Kerawalla (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2nd December, 2025 CALLED FOR HEARING :

TP/1437/2025 Mr. M. A. Saldanha i/b. L R and Associates, 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 petitioners namely Percy Homi Italia being sole surviving Executor named under the Will of deceased. The deceased namely Arnawaz Soli Kerawalla died at Mumbai on 19.06.2008. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 04.05.1984 and Codicil was duly executed at Mumbai on 12.07.1995. The said Will and Codicil are in English languages. The Para No.1 of the Will refers to the appointment of Executors. One executor namely Maneck A. Gagrat has expired on 17.10.2014. Only four Executors appointed under the Will and their names has been amended as per Codicil dated 12.07.1995. Out of them two executors namely Vispi Dastur and Rohington Dinshaw Surti have expired as per Affidavit of petitioner dated 10.07.2025 which is uploaded separately on the official portal of the Bombay High Court. One executor namely The Central Bank Executor and Trustee Company Limited has renounced its rights to act as Executor and Affidavit dated 21.08.2019 is filed to that effect which is annexed to the petition as Exhibit - "E". However, petitioner is sole surviving executor. Residuary clause in respect of properties of deceased is mentioned at para No. 12 of the Will.

Upon perusal of the petition, it is noticed that Exhibit - "B" annexed to the petition is a handwritten translated Will of the original typed Will which was deposited by the deceased at the Sub-Registrar's office. Hence, petitioner relied upon the original Will which is typed copy and which is required to be Exhibited as "B-1". Ld. Advocate for petitioner seeks leave to make necessary amendment in the petition as well as prayer clause hence, the said Will is identified. Ld. Advocate for petitioner to carry out amendment in the forthwith. Re-verification is dispensed with. .......2

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3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased died issue-less. Deceased had one brother and five sisters. As per para No. 9 of the petition, deceased was survived by seven nieces, seven nephews, three grandnephews and two grandnieces. Out of them one nephew is petitioner herein and all other legal heirs have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Pratap Gordhandas Kapadia dated 25.02.2022 one of the Attesting Witness to the Will is not yet found. Affidavit of Roda Sorabji Kapadia alias Manjula Merwan Wachha dated 02.12.2019 one of the Attesting Witness to the Codicil is filed. Affidavit of Service of General Citation dated 18.09.2025 is filed. As and when office will issue Probate, it should be verify the original Will with Exhibit "B-1"

5. Ld. Advocate for petitioner file fresh praecipe as and when the matter is completely ready for final grant.

02.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR