Rutton Pirosha Nanji v. Sam Framroj Lala Alias Sam (Sammy) Framroj Lala
SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 12th February, 2026 CALLED FOR HEARING :
TP/441/2024 (E-filing) WITH WILL/203/2024 Ms. Rohma Huq a/w. Rohini Jadhao i/b. Zerick Dastur Advocates, Advocate for petitioner PC :
1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Rutton Pirosha Nanji being sole Executor named under the Will of deceased. The deceased namely Sam Framroj Lala died at Mumbai on 28.01.2016. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is annexed to the petition.
2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 01.11.2012. The said Will is in English language. The Para No.1 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at para No. 12 of the Will.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as bachelor. Deceased had no brother and sister. As the petitioner is not aware of any legal heirs from paternal as well as maternal side as stated in para No. 8 of the petition, petitioner has served the citation through newspaper publication and Affidavit of Service of Publication dated 07.05.2024 is filed to that effect, as directed pursuant to order dated 19.03.2024 passed in Chamber Order No. 104 of 2024. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Adi Nariman Pardiwalla dated 12.09.2023 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 07.05.2024 is filed. Delay is explained and the same is condoned. All other legal formalities are complied with. Hence, petition is granted.
5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.
12.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR