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Bombay High CourtTP/249/2024grant issued

Roshan Dady Baxter v. Silloo Dady Baxer (Deceased)

2024-06-26Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

sah Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th June, 2024 CALLED FOR DIRECTION:

24. TP/249/2024 (ECHCBM02202062023) with WILL/61/2024 Ms. Apeksha Khetan, Adv. i/b. IC legal for Petitioners. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Roshan Dady Baxter and Hemant Jayant Shah being the Executors named under the Will of the deceased. Deceased Silloo Dady Baxter alias Silloo Baxter, said to have died at Mumbai on 10.05.2023. 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.

Ms. Apeksha Khetan, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 13.09.2022. The said Will is in English language.

3. Ms. Apeksha Khetan, Advocate for the Petitioner 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 said Deceased was unmarried and had no natural son or daughter during her life time. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of three sisters of the deceased as mentioned in Para 9 of the petition are on record. Affidavit of Rusi Dharwar, 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.

26.06.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master