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Bombay High CourtTP/62/2024grant issued

Parvin Darius Anklesaria v. Darius Manek Anklesaria Alias Darius Anklesaria Alias Darius M. Anklesaria (Deceased)

2024-04-19Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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

33. TP/62/2024 (ECHCBM02197942023) with WILL/22/2024 Mr. S. U. Lakdawala, Adv. i/b. DDCM 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 Parvin Darius Anklesaria, being the sole Executrix named under the Will of the deceased. Deceased Dr. Darius Manek Anklesaria alias Dr. Darius Anklesaria alias Dr. Darius M. Anklesaria alias Dr. D. M. Anklesaria alias Dr. Anklesaria alias Darius M. Anklesaria,, said to have died at Mumbai on 12th July, 2023. 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. Mr. Lakdawala, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 21.09.2019. The said Will is in English language.

3.

Mr.

Lakdawala, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act, 1925 applicable to Parsis. It is submitted that That the said Deceased died leaving behind his Widow and 2 daughters. The said Deceased has NO son. The PARENTS of the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) said Deceased pre-deceased the said Deceased. Save and except as mentioned in para -8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath are filed. Consent Affidavits of two married daughters of the deceased as mentioned in Para 8 are on record. Affidavit of Sohan Gaurang Kinkhabwala, one of the attesting witness to the Will 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 expeditiously as prayed after verifying whether any Cross Petition or Caveat is filed.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 19.04.2024