Feroze Hoshang Baria v. Hoshang Merwanji Baria (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th May, 2024.

CALLED FOR COMPLIANCE:

32. TP/305/2024 (ECHCBM02132282023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Yogesh Rane, 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 Feroze Hoshang Baria, being the Executor named under the Will of the deceased. Deceased Hoshang Merwanji Baria alias Mr. Hoshi Merwanji Baria alias Mr. Hosi Merwanji Baria, said to have died at Mumbai on 30.05.2020. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Rane, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed on 17.03.2016. The said Will is in English language.

3. Mr. Rane, 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. Save and except as mentioned in para - 6, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Affidavit of Roshan Meherji Cassinath, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Affidavit 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.

09.05.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master