Rusy Soli Shroff v. Rohena Soli Shroff (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th April, 2024.

CALLED FOR COMPLIANCE:

70. TP/359/2024 (ECHCBM02203902023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Triveni Jawale i/b M. T. Miskita and Co., Advocate for the Petitioners.

P.C.:

1. Perused Petition which is filed online.

Heard Ld. Advocate for the Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Rusy Soli Shroff and Daisy Maneck Sidhwa, being the Executor/Executrix named under the Will of the Deceased. Deceased Rohena Soli Shroff, said to have died at Mumbai on 30.03.2016. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Will.

2. Ms. Jawale, Advocate for the Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 21.05.2015. The said Will is in English language.

3. Ms. Jawale, 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 Petitioners further state that the Deceased was unmarried during her lifetime and died issueless. The Deceased had one brother i.e Mr. Rusy Soli Shroff (Petitioner No. 1 herein). In light of the aforesaid, the sole surviving legal heir of the Deceased is Mr. Rusy Soli Shroff (Petitioner No. 1 herein) being the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) brother of the Deceased. Save and except as mentioned in para - 7, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioners submits that Petitioners state that the Petitioners were not aware at the time of death of the Deceased that the probate of the Will was required to be obtained and the Petitioners were only made aware about the same, during the process of transfer of the immovable property of the Deceased. Even thereafter, a considerable time has elapsed before the Petitioners could locate the Will. In light of the above facts, the Petitioners hereby humbly pray that the delay, if any, in filing the present Petition may be condoned. Thus, the delay is explained.

4. Petitioners' Oath are filed. The other Executrix, Ms. Jerestin Maneck Sidhwa had expired on 4th September 2016 and Exhibit - C to the Petition is the copy of her death certificate. Affidavit of Noshir Jehangir Sethna, 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 expeditiously as prayed after verifying whether any Cross Petition or Caveat is filed.

30.04.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master