Dorab Bakhtyar Panday v. Dolly Firoze Virjee (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th August 2024.

CALLED FOR COMPLIANCE:

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15. TP/321/2024 [Original] (ECHCBM02198652023) with WILL/113/2024 Mr. Nigel Quraishy i/b Garfield Mendonca, 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 Dorab Bakhtyar Panday, being one of the Executor named under the Will of the deceased.

Deceased Dolly Firoze Virjee, said to have died at Mumbai on 30.01.2012. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Mr. Quraishy, Advocate for the Petitioner submits that deceased left behind her, last Will and Testament which was duly executed and registered at Mumbai, on 19.03.2008. The said Will is in English language.

3. Mr. Quraishy, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsi Zorostrian. It is submitted that the parents and husband of the deceased pre-deceased the deceased. The deceased had died issueless and no other brother and sister. 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 Petitioner states that Dolly Firoze Virjee died intestate on 30.01.2012 leaving a registered

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Will which was duly executed and registered on the 19th day of March 2008 at Joint Sub Registrar Assurance Mumbai No.3 vide Registered document no. BBE3-2041-2008.

There has been delay in filling the present Petition before this Hon'ble Court and the same is not intentional nor deliberate and the said delay deserves to be condoned in the interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. The Other Executrix viz. Amy Dorab Panday has renounced her rights by filing Affidavit dated 19.08.2024. Affidavit of Dr. K. Srinivsan, 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.

19.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master