Falaq Darius Lawyer Alias Falaq Naz And ANR v. Darius Jehangir Lawyer (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 27th August 2024.

CALLED FOR COMPLIANCE :

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45. TP/2578/2024 with WILL/1068/2024 Ms. Sangita Upadhyay i/b Dua Assocs., Advocate for Petitioners.

P.C.:

1. Perused Petition. Heard Ld. Advocate for Petitioners. This Petition is for Probate of photocopy of Last Will and Testament of the deceased filed by Petitioners Falaq Darius Lawyer alias Falaq Naz and Jehangir Darius Lawyer alias Jehangir being the Executrix/Executor named under the Will of the deceased. Deceased Darius Jehangir Lawyer, said to have died at Mumbai on 28.07.2006. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Upadhyay, Advocate for Petitioners submits that deceased left behind him, last Will and Testament which was duly executed at Mumbai, on 12.05.1998. The said Will is in English language.

3. Mr. Upadhyay, Advocate for Petitioners submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the parents of the deceased pre-deceased the deceased. The deceased left widow, two sons and left no daughter. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the delay in making the present Petition is on account of the facts that

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the Petitioner inter se between them had good relations and there are no disputes between them, however, over stretch of time and to avoid any legal issues in future, the Petitioners have been advised to file the present Petition. There are no other Claimants to the estate and hence no prejudice has been caused to any person/persons by such delay. It is submitted that the same was unintentional and hence this Hon'ble Court in the interest of Justice may condone the delay. Thus, the delay is explained.

4. Petitioners' Oath are filed. The other Executor, Rishad Darius Lawyer has filed his Affidavit dated 30.04.2022 reserving his right as Executor. Consent Affidavit of son of the deceased as mentioned in para - 9 is on record. Affidavit of R. K. Jhunjhunwala, one of the attesting witnesses to the Will is 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.

27.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master