Bombay High CourtTP/67/2024grant issued

Pralhad Udayan Joglekar v. Minnie Jal Shroff (Deceased)

2024-09-05S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

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

CALLED FOR COMPLIANCE:

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28. TP/67/2024 [Original] (ECHCBM02190222023) with WILL/24/2024 Mr. Sameer R. Logade, 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 Pralhad Udayan Joglekar, being the Sole Executor named under the Will of the deceased.

Deceased Minnie Jal Shroff, said to have died at Mumbai on 29.09.2020. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Mr. Logade, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 05.12.2017. The said Will is in English language.

3. Mr. Logade, Advocate for the Petitioner 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 deccased died as Spinster. The deceased had one Sister, namely Manek Jal Shroff, who died on 08.03.2011, as Spinster. The deceased, had no brother and no any other sister. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the delay if any in making the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) present Petition is on account of the facts that inadvertently remained to apply for obtaining the Probate and the Petitioner was also not aware about the legal representation for obtaining Probate. Hence, this Hon'ble Court in the interest of natural justice may condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. Affidavit of Devraj Mahendrapal Pandey, 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.

05.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master