Bombay High CourtTP/2010/2024grant issued

Jauvid Behram Ayadi v. Simin Behram Ayadi

2024-07-25Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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

CALLED FOR COMPLIANCE :

57. TP/2010/2024 [Original] (ECHCBM02210892023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar i/b Lakdawala & Co. 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 Jauvid Behram Ayadi, being the Sole Executor named under the Will of the deceased. Deceased Simin Behram Ayadi alias Simin B. Ayadi alias Simin Ayadi, said to have died at Florida USA on 21.06.2020. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 12.03.2014. The said Will is in English language.

3. Ms. Badgujar, Advocate for the Petitioner seeks to correct para - 8 about applicability of law to the deceased. The Ld. Advocate for the Petitioner submits that instead of Indian Succession Act 1925, the Petitioner may be permitted to correct the Personal Laws applicable to Bahai. Amendment is allowed to be carried out during the course of the day. Reverification is dispensed with. It is submitted that said Deceased had no daughter and she died leaving only Son the Petitioner herein, The said Deceased's husband Mr. Behram

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Sheriar Ayadi died on 12-10-1995. Exhibit - 'D' is a photo copy of the death certificate of the pre-deceased the Deceased. The said deceased left no other heirs. Save and except as mentioned in para - 8, there are no other legal heirs and next of kins left by the deceased.

4. Petitioner's Oath is filed. Affidavit of Gaurang Vinodchandra Merchant, 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.

25.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master