Jasmine Shanker Sajnani v. Rati Keki Bhathena (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th October, 2024.

CALLED FOR COMPLIANCE :

12. TP/474/2024 [Original] (ECHCBM02189702023) with WILL/210/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Haleema Merchant i/b Jani and Parekh, 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 and Codicil of the deceased filed by the Petitioner Jasmine Shanker Sajnani Nee Jasmine Keki Bhathena, being one of the Executrix named under the Will of the deceased. Deceased Rati Keki Bhathena, said to have died at Mumbai on 30.08.2013. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Passport is annexed to the Petition.

2. Ms. Merchant, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 16.11.2002 and Codicil was executed at Mumbai on 01.01.2006 respectively. The said Will and Codicil are in English language.

3. Ms. Merchant, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the parents and husband of the Deceased pre-deceased the Deceased.

Exhibit - A-2 is the copy of death certificate of the husband of the deceased. The said Deceased died as widow. The said Deceased had one son and one daughter. Save and except as mentioned in para - 10, there are no other legal heirs and next of kin left by the deceased. The Ld.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Advocate for the Petitioner submits that That the delay in filing present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation. Now Petitioner has been orally advised to obtain/submit a Grant of Probate of the Last Will of the Deceased issued by the competent court. In view of the above, the Petitioner is filing the Petition to obtain a Probate of the Last Will of the Deceased in this Hon'ble Court and hence, there is a delay which is not intentional and/or deliberate. The Petitioner therefore prays that the delay in filing the present petition be kindly condoned in the interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. The other Executor,

(1) Ruzva Keki Bhathena, (2) Gitanjali Shanker Sajnani, (3) Hosie Ruzva Bhathena have filed their Affidavits dated 07.10.2023, renouncing their rights as Executor. The Ld. Advocate for the Petitioner undertakes to file Affidavit of Rohan Shanker Sajnani, remaining Executor dated 01.05.2024 renouncing his right as Executor during the course of the day.

Undertaking accepted. Consent Affidavit of son of the deceased as mentioned in para - 10 is on record. Affidavit of Shahnaz Dinsha Cooper one of the attesting witness to the Will and Affidavit of Diana Jehangir Dadachanji, one of the attesting witness to the Codicil are 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.

25.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master