Bombay High CourtTP/258/2024grant issued

Khatu Sarosh Framroze v. Sarosh Soli Framroze (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:

31. TP/258/2024 (ECHCBM02209262023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Swati Mathkar, 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 Khatu Sarosh Framroze being one of the Executors named under the Will of the deceased. Deceased Sarosh Soli Framroze said to have died at Mumbai, on 19.09.2018. Copy of death certificate is annexed to the Petition. Identification proof of the deceased i.e. copy of Aadhar Card is annexed to the Petition.

2. Ms. Mathkar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 09.07.1991. The said Will is in English language.

3. Ms. Mathkar, 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 predeceased the deceased. The deceased has no son and no other daughter.

Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner was not aware about the legal representation to be made for obtaining Probate for administering the estate

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) of the deceased. The Petitioner is recently advised to file this Probate Petition. The delay, therefore, caused in filing this Petition, may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executor, Darius Erach Udwadia has reserved his rights to apply for Probate later on. Consent Affidavit of daughter of the deceased mentioned in para - 8 is on record. Affidavit of Darius Erach Udwadia, 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 18.04.2024