Bombay High CourtTP/1957/2024grant issued

Farida Anand v. Jehanzeb Peter Chinoy Alias Jehanzeb Abdul Kayum Chinoy (Deceased)

2024-10-14Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th October, 2024.

CALLED FOR COMPLIANCE :

24. TP/1957/2024 with WILL/909/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Pallavi Kaamath a/w Yashvi Sanghvi i/b Benny Joseph - BJ Law Offices LLP, Advocate for the Petitioner.

P.C.:

1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Farida Anand, being one of the Executrix named under the Will of the deceased. Deceased Jehanzeb Abdulkayum Chinoy, wife of Late Mr. Abdul Kayum alias Peter Abdulali Chinoy, said to have died at Mumbai on 14.07.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card and Aadhar Card are annexed to the Petition.

2. Ms. Kaamath, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 07.08.2018. The said Will is in English language.

3. Ms. Kaamath, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925. It is submitted that the parents, husband, mother-in-law and father-in-law of the deceased have predeceased the deceased. Save and except as mentioned in para - 13, there are no other legal heirs and next of kin left by the deceased. Pursuant to the order dated 30.09.2024, the Petitioner is present and signed the Petition and Executor's oath before the undersigned.

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4. Petitioner's Oath is filed.

The other Executrix, Sabina Ansari has filed her Affidavit dated 26.03.2024 renouncing her right as Executrix. Consent Affidavits of two daughters and one grand son of the deceased as mentioned in para - 13 are on record.

Affidavits of Ayaz M. Jaliwala and Tehseen Abdulkadar Mukadam, both the attesting witness to the Will are filed. Affidavit of service of General Citation is filed. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

14.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master