Bombay High CourtTP/433/2025grant issued

Roshan Rohinton Jilla And ANR v. Homai Framroze Bacha (Deceased)

2025-03-18Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 18th March, 2025 CALLED FOR HEARING :

TP/433/2025 (E-filing) Mr. Prabhu Velar, 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 petitioners namely Roshan Rohinton Jille and Coomi Jehangir Shroff both being Executrices named under the Will of deceased. Deceased namely Homi Framroze Bacha said to have died at Mumbai on 05.07.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. Ld. Advocate for petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai and registered on with the office of Joint Sub-Registrar, Mumbai City, Mumbai on 16.02.2022. The said Will is in English language.

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. One sister of deceased namely Khorshed Framroze Bacha predeceased the deceased. The said sister died as spinster. Another sister of deceased namely Sheroo Framroze Bacha predeceased the deceased. She also died as spinster. The deceased left no legal heirs from her paternal side. Maternal uncle of deceased namely Jamasp Burjorji Mistry predeceased the deceased. The said maternal uncle of deceased left behind one daughter namely Amy Jamasp Mistry is cousin sister of deceased (mother's brother's daughter). The said uncle's wife and son predeceased the deceased. Deceased was survived by one mother's brother's daughter only who has given her consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Homiyar Maneck Doctor dated 04.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 15.02.2025 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. 18.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR