Bombay High CourtTP/476/2024grant issued

Bapsy Minoo Patel v. Sheroo Kavas Sanjana (Deceased)

2024-04-29Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 29th April, 2024.

CALLED FOR COMPLIANCE:

79. TP/476/2024 (ECHCBM02208672023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Kabir Saund i/b J. Sagar Assocs., 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 Bapsy Minoo Patel and Shernaz Dinyar Dubash being the Executors named under the Will of the deceased. Deceased Sheroo Kavas Sanjana, said to have died at Mumbai on 17.10.2023.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Will.

2. Mr. Saund, Advocate for the Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 14.04.2009. The said Will is in English language.

3. Mr. Saund, 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 parents of the husband of the deceased also predeceased the deceased. The deceased had One Son and Two Daughters. Save and except as mentioned in para - 8 there are no other legal heirs left by the deceased.

4. Petitioners' Oath are filed.

Consent Affidavit of son of the deceased as mentioned

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) in para - 8 is on record. Affidavits of Rajesh Meghnath Ekbote and JS Pardiwalla, both the attesting witnesses to the Will 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.

29.04.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master