Bombay High CourtTP/266/2024grant issued

Jal Jonathan Mugaseth v. Jehangir Jal Mugaseth (Deceased)

2024-05-02Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 2nd May, 2024.

CALLED FOR COMPLIANCE:

67. TP/266/2024 (ECHCBM02185172023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sneha Agicha i/b D. M. Harish and Co., 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 Jal Jonathan Mugaseth being the Sole Executor named under the Will of the deceased. Deceased Jehangir Jal Mugaseth said to have died at Mumbai on 02.02.2016.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Will.

2. Ms. Agicha, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 21.04.2006. The said Will is in English language.

3. Ms. Agicha, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the parents and wife of the deceased predeceased the deceased. Exhibit - E to the Petition is the copy of death certificate of wife of the deceased. The deceased left no other son or 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 of the legal proceedings of filing this Probate. Hence, the delay if any may pleased be condoned. Thus, the delay is explained.

4. Petitioners' Oath are filed. Affidavit of Vivek George John, 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.

02.05.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master