Bombay High CourtTP/1038/2024grant issued

Jesita Rajiv Mehra v. Rattan Ardeshir Pardiwalla

2024-07-02Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 2nd July 2024.

CALLED FOR COMPLIANCE:

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27. TP/1038/2024 [Original] (ECHCBM02190182023) Ms. Stenna Fernandes i/b Ashish T. Suryavanshi, Advocate for Petitioners.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Jesita Rajiv Mehra and Firoz Adi Dhanbhura alias Pheroze Adi Dhanbhoora, being the Executrix/Executor named under the Will of the deceased. Deceased Rattan Ardeshir Pardiwalla, said to have died at Mumbai on 31.03.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Ms. Fernandes, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 13.08.1999. The said Will is in English language.

3. Ms. Fernandes, Advocate for Petitioners submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the parents and wife of the deceased predeceased the deceased. Exhibit - D to the Petition is the copy of death certificate of the wife of the deceased. the deceased was survived by one Son and two Daughters. The deceased had no other Son and no other Daughter. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioners' Oath are filed.

Consent Affidavits of son and daughter of the deceased as mentioned in para - 8 are on record. Affidavit of Bharat D. Damodar, 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.

02.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master