Zarir Homi Aibara v. Framroze Hormusjee Vakeel

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17th June, 2025 CALLED FOR HEARING :

TP/119/2025 (E-filing) Ms. Rubeka Himayat i/b. Wadia Gandhy and Co., 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 Zarir Homi Aibara and Sunu Homi Aibara being Executors named under the Will of deceased. The deceased namely Framroze Hormusjee Vakeel died at Mumbai on 16.03.2024. 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 his last Will and Testament which was duly executed at Mumbai on 26.10.2023. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will who are petitioners herein.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as bachelor. Deceased had no brother and sister. Legal heirs mentioned in para No. 9 of the petition are lineal descendants of maternal and paternal grandparents of deceased. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Priya Desai dated 09.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of Citation upon legal heirs of deceased as well as Affidavit of Service of General Citation dated 03.03.2025 is filed through the office of Sheriff, Mumbai. 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. 17.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR