Bombay High CourtTP/642/2024grant issued

Vishtasp Neville Palkhiwalla v. Dara Minoo Palkhiwala (Deceased)

2024-05-06Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 6th May, 2024.

CALLED FOR COMPLIANCE :

38. TP/642/2024 (ECHCBM02222682023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Rahul P. Jain, Advocate for the Petitioner. P.C.:

1. Perused Petition which is filed online.

Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Vishtasp Neville Palkhiwalla, being the Sole Executor named under the Will of the deceased. Deceased Dara Minoo Palkhiwala, said to have died at Mumbai on 16.11.2023.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Jain, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Nashik on 25.04.2022. The said Will is in English language.

3. Mr. Jain, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsi Zorostrian. It is submitted that the parents of the Deceased predeceased the deceased. The deceased died as bachelor and had no other brother and no sister. Save and except as mentioned in para - 8 there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavit of brother of the deceased as mentioned in para - 8 is on record. Affidavits of Rachana Sanjay Gupta and Swati Nevin Foley, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All the Affidavits are also 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.

06.05.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master