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Bombay High CourtTP/75/2025grant issued

Navaz Kias Alias Navaz G Kias And 2 ORS v. Moti Cawasji Unwala Alias M C Unwala Alias Unwala Moti Cawasji (Deceased)

2025-06-12Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 12th June, 2025 CALLED FOR HEARING :

TP/75/2025 (E-filing) Mr. Sushil Inamdar i/b. A. B. Shrikhande, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioners namely Navaz Kias, Anahita Firdaus Bharucha and Viraf Freddy Vesuna being Executors named under the Will of deceased. The deceased namely Moti Cawasji Unwala died at Pune on 15.06.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Pune on 14.05.2022. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executor. Only three Executors appointed under the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Deceased had no brother and had two sisters who both of them have expired. One sister namely Freeny has no legal heirs. Another sister namely Jeroo Minoo Bharucha died leaving behind one minor grandson. Consent Affidavit on his behalf is filed by his mother and natural guardian being petitioner No. 2 herein. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Mahrookh Mehta dated 05.10.2024 one of the Attesting Witness to the Will is not found. Affidavit of Service of General Citation dated 27.01.2025 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 is filed or whether any caveat is filed. 12.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG