Bombay High CourtTP/1917/2024grant issued

Niloufer Bomi Irani v. Bomi Hormusji Irani Bomi Hourmusji Irani

2024-10-08S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th October, 2024.

CALLED FOR COMPLIANCE :

26. TP/1917/2024 [Original] (ECHCBM02187952023) with WILL/728/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Suyash Kalbhor i/b B. G. Saraf, 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 of the deceased filed by the Petitioner Niloufer Bomi Irani, being the Sole Executrix named under the Will of the deceased. Deceased Bomi Hourmusji Irani alias Bomi Hormusji Irani, said to have died at Mumbai on 03.09.2023. 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. Mr. Kalbhor, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 28.08.2020. The said Will is in English language.

3. Mr. Kalbhor, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted the parents of the deceased have predeceased the deceased.

Except two daughters deceased don't have any other daughter or son. Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of widow and married daughter of the deceased as mentioned in para - 8 are on record. Affidavit of Vaibhav S. Joshi, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. 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.

08.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master