Bombay High CourtTP/482/2024grant issued

Godrej Peshoten Movdawala v. Niloufer Keki Modi (Deceased)

2024-07-11Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th July 2024.

CALLED FOR COMPLIANCE :

23. TP/482/2024 (ECHCBM02215082023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Debarati Nag a/w Vaishali R. Dhuri, Advocates 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 of the deceased filed by the Petitioner Godrej Peshoten Movdawala, being the Sole Executor named under the Will of the deceased.

Deceased Niloufer Keki Modi, said to have died at Dadar, Mumbai on 06.03.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Nag and Ms. Dhuri, Advocates for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 31.08.2022. The said Will is in English language.

3. Ms. Nag and Ms. Dhuri, Advocates for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the deceased was unmarried. The mother of the deceased Smt. Bhikhu Keki Modi died on 26.04.2014. Exhibit - D to the Petition is the copy of Death Certificate of the mother of the deceased. The father of the deceased abovenamed pre-deceased the mother. The predeceased brother of the deceased, Adi Modi@ Adi Keki Modi@ Adi Kekobad Modi died on 27th June 2011 and Exhibit - E to the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Petition is the copy of his death certificate. The brother of the deceased Rusi Keki Modi died on 07/02/2022 and Exhibit - F to the Petition is the copy of his death certificate. Save and except as mentioned in para - 7, there are no other legal heirs and next of kins left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of wife of predeceased brothers and two daughter of predeceased brother, Rusi Modi as mentioned in para - 7 are on record. Affidavit of Benaifer Rasheed Mistri, 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 as prayed after verifying whether any Cross Petition or Caveat is filed.

11.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master