Bombay High CourtTP/257/2024grant issued

Khusru Shiavux Mistry v. Najoo Phiroze Dastoor (Deceased)

2024-04-18Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th April, 2024.

CALLED FOR COMPLIANCE:

30. TP/257/2024 (ECHCBM02170972023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Anand Tiwari i/b Hussein & Co., Advocate 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 the Petitioners Khusru Shiavux Mistry and Farida Sabnavis, being the Executors named under the Will of the deceased. Deceased Najoo Phiroze Dastoor (Widow of Phiroze Darabji Dastoor) said to have died at Mumbai on 29.03.2023. Copy of death certificate is annexed to the Petition. Identification proof of the deceased i.e. copy of Voter ID is annexed to the Petition.

2. Mr. Tiwari, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 23.04.2016. The said Will is in English language.

3. Mr. Tiwari, Advocate for Petitioners submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the parents of the deceased predeceased the deceased. The deceased did not have any children. The husband of the deceased Phiroze Darabji Dastoor expired on 10-12-1997. Exhibit - E to the Petitioner is a copy of Death Certificate of Phiroze Darabji Dastoor. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavit of sister of the deceased mentioned in para - 9 is on record. Affidavits of Keki Jamshedji Kanga and Anosh Khusru Mistry both the attesting witnesses to the Will are 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 18.04.2024