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Bombay High CourtTP/31/2024grant issued

Tehmul Burjor Khambatta v. Serene Tehmul Khambatta (Deceased)

2024-02-15Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Pallavi BEFORE : SHRI S. S. AGATE Addl. Registrar (O. S.) / Addl.

Prothonotary and Senior Master DATE: 15th FEBRUARY, 2024 CALLED FOR COMPLIANCE :

TP/31/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Kanchan Pamnani, Advocate for the petitioner. (ECHCBM0220502 2023) WITH WILL/15/2024 P.C.:

1. Perused Petition which is filed on-line. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Tehmul Burjor Khambatta being the sole Executor named under the Will of the deceased. Deceased Serene Tehmul Khambatta, said to have died at Mumbai on 11.10.2023. Copy of Death Certificate is annexed to the Petition. Copy of Adhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Kanchan Pamnani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 08.10.2023. The said Will is in English language.

3. Ms. Kanchan Pamnani, Advocate for the Petitioners submits that deceased was governed under the Indian Succession Act, 1925 applicable to Parsis. It is submitted that parents of the deceased predeceased the deceased. The deceased had no children (son or daughter). Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oaths are filed. Consent affidavits of two sons of the deceased as mentioned in Para 8 are on record. Affidavits of Dhiren Dayabhai Shah and Sandhya Dhiren

Pallavi ) ) ) ) ) ) ) ) ) ) ) ) Shah, both the attesting witnesses to the Will are filed. All Affidavits are filed on-line. 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.

15.02.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master