Dr. Mahrukh Godrej Doctor v. Bapsey Ralph Lazarus (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th June 2024.

CALLED FOR COMPLIANCE:

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40. TP/345/2024 (ECHCBM02034452023) Mr. Samkit Shah i/b Mulla and Mulla and CBC, 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 Petitioners Dr. Mahrukh Godrej Doctor and Farida Godrej Doctor-Widera, being the Executor/Exectrix named under the Will of the deceased.

Deceased Bapsy Ralph Lazarus, said to have died at Mumbai on 24.01.2021. 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. Shah, Advocate for Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 15.12.2017. The said Will is in English language.

3. Mr. Shah, Advocate for Petitioners submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsi Zorostrian. It is submitted that the husband of the deceased viz. Ralph Lazarus pre-deceased the deceased on 21-04-1984 and Exhibit - D to the Petition is a copy of the Death Certificate of late Ralph Lazarus. Deceased died as widow and issueless. The parents of the Deceased predeceased the Deceased. The said deceased had two brothers and had no sister. That one of the brothers of the deceased viz. Godrej

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Framroze Doctor predeceased the deceased on 11th day of May, 2015 leaving behind his two daughter as mention in para - 8 and had no son. Exhibit "E" to the Petition is a copy of the Death Certificate of the late Godrej Framroze Doctor. The widow of the Godrej Framroze Doctor viz. Barbara Else Doctor, expired on 16th day of March, 2020. Maneck Framroze Doctor predeceased the deceased on 15th day of October, 2008 as issueless. Exhibit "F" to the Petition is a copy of the Death Certificate of late Maneck Framroze Doctor. Save and except as mentioned in para - 8 there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Affidavit of Burjor H. Antia, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. 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.

10.06.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master