Bombay High CourtTP/492/2024grant issued

Rustom Jamshed Bandorawalla v. Katayune Jamshed Bandorawalla (Deceased)

2024-06-19Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th June, 2024 CALLED FOR DIRECTION:

49. TP/492/2024 (ECHCBM02224352023) with WILL/226/2024 Ms. Swati S. Mathkar , Adv. i/b. Shirish Mathkar for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Rustom Jamshed Bandorawalla and Tozer Jamshed Bandorawalla being the surviving Executors named under the Will of the deceased. Deceased Katayune Jamshed Bandorawalla alias Katayune J Bandorawalla alias Ketayune Jamshed Bandorawalla alias K. J. Bandorawalla alias K. Bandorawalla alias Katayune Phiroze Marshall alias K.P. Marshall alias K.

Marshall, said to have died at Mumbai on 10.05.2023. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Mathkar, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 25.07.2011. The said Will is in English language.

3. Ms. Mathkar, Advocate for Petitioners submits that deceased was governed under the Indian Succession Act, 1925 applicable to Parsis. The Parents and husband of the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased predeceased the deceased. Exh. C to the Petition is a copy of death certificate of husband of the deceased. Deceased has no daughter and no other son. Save and except as mentioned in para -8, there are no other legal heirs or next of kin left by the deceased.

4. Petitioners' Oath is filed. Affidavit of Sandeep Narayan Pawaskar, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 19.06.2024