Cyrus Dhun Gagrat v. Dilber Nadir Dalal (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th April, 2024 CALLED FOR DIRECTION:

32. TP/59/2024 (ECHCBM02111842023) with WILL/20/2024 Ms. Chitrangada Singh, Adv. i/b. Clove Legal for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Corrected Order 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 and Codicil of the deceased filed by the Petitioner Cyrus Dhun Gagrat, being one of the Executors named under the Will of the deceased. Deceased Dilber Nadir Dalal, said to have died at Mumbai on 31st December, 2022. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Singh, Advocate for the Petitioner submits that deceased left behind her last Will and Testament and Codicil which was duly executed at Mumbai on 24.01.2005 and 28.03.2007 respectively. The said Will and Codicil are in English language.

3. Ms. Singh, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act, 1925 applicable to Parsis. It is submitted that parents and husband of the deceased predeceased the deceased and Exh. E to the petition is a copy of death certificate of the husband of the deceased. Deceased was survived one son and two daughters and had no other son

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) and no other daughter. Save and except the persons mentioned Save and except as mentioned in para -8, there are no other legal heirs and next of kins left by the deceased.

4. Petitioner's Oath are filed. The Other Executrix Mrs. Mehroo Kakkar, has filed her affidavit dated 19th June 2023 renouncing her rights as executrix. Consent Affidavits of son, daughter and married daughter of the deceased as mentioned in Para 8 are on record. Affidavit of Sandeep Narayan Pawaskar s/o Narayan Pawaskar, one of the attesting witness to the Will and Affidavit of Shemaz Jamshed Mistry d/o. Jamshed Mistry, one of the witness to the Codicil is filed. Affidavit of service of General Citation is filed. All affidavits are 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 19.04.2024