Bombay High CourtTP/35/2024grant issued

Navaz Adi Hilloowala v. Nadir Pirojsha Dalal (Deceased)

2024-04-05Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 5th April, 2024.

CALLED FOR COMPLIANCE:

27. TP/35/2024 (ECHCBM02111132023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Chitrangada Singh i/b Clove Legal, Advocate for the Petitioner.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Navaz Adi Hilloowala, being one of the Executors named under the Will of the deceased. Deceased Nadir Pirojsha Dalal, said to have died at Mumbai, on 29.12.2021. Copy of death certificate is annexed to the Petition. Identification proof of the deceased i.e. copy of Aadhar Card is annexed to the Petition.

2. Ms. Singh, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 16.12.2021. The said Will is in English language.

3. Ms. Singh, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act applicable to Parsis. It is submitted that the parents of the deceased predeceased the deceased. The wife of the deceased died on 31.12.2022 and Exhibit - C to the Petition is the copy of death certificate of the wife of the deceased. The wife of the deceased was survived by one son and two daughters only. The deceased had no other son and no other daughter. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. The other Executors, Farhad Nadir Dalal and Veera Himachal Das have filed their Affidavits dated 08.08.2023 and 22.06.2023 respectively renouncing their rights as Executors. Consent Affidavits of son and daughter of the deceased as mentioned in para - 8 are on record. Affidavit of Adi Hilloowala s/o Manek Hilloowala, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 05.04.2024