Raiomond Fali Poncha v. Sohrab Parvez Dala Alias Sohrab P Dalal Alias Sohrab Dalal (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 24th February, 2026 CALLED FOR HEARING :

TP/65/2025 (E-filing) WITH WILL/16/2025 Mr. Jayant Wani i/b. Jyoti Badgujar i/b. Lakdawala and Co., Advocate for petitioner PC :

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Raiomond Fali Poncha being Executor named under the Will of deceased. The deceased namely Sohrab Parvez Dala died at Mumbai on 02.11.2009. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 12.09.2024 for non-availability of identification proof of deceased which is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 29.05.2008. The said Will is in English language. The 2nd of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Petitioner is one of the executors and another executor namely Dr. Fali. Fali Poncha have reserved their rights to act as an Executor and Affidavit dated 12.12.2024 is filed to that effect. Remaining Executor namely Fali Ardeshir Poncha expired as stated in para No. 5 of the petition. Residuary clause in respect of properties of deceased is mentioned at para No. 9 of the Will.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased died issue-less. Deceased had one brother and one sister who both have died as bachelor and spinster respectively. Deceased had no left any legal heir from his side. Deceased had one sister-in-law (wife's sister) and one brother-in-law (wife's brother). Brother-in-law namely Fali Ardeshir died leaving behind his widow and two sons. Deceased was survived by one sister-inlaw, widow of brother-in-law and two nephews. Out of them one nephew is petitioner herein and all other legal heirs have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Dr. Bomi Burjor Ichaporia dated 11.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 22.01.2025 is filed. Delay is explained and the same is condoned. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

24.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG