Tushna Rustom Kapadia v. Hilla Sorab Divecha Alias Hilla Divecha Alias H S Divecha (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 5th August, 2025 CALLED FOR HEARING :

TP/696/2025 (E-filing) Ms. Haleema Merchant i/b. Jani and Parikh, 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 petitioner namely Tushna Rustom Kapadia being sole Executor named under the Will of deceased. The deceased namely Hilla Sorab Divecha died at Mumbai on 22.06.2024. 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 her last Will and Testament which was duly executed at Mumbai on 18.04.2019. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Upon perusal of the Will, it is noticed that petitioner is shown as adopted daughter of deceased. Ld. Advocate for Petitioner has uploaded the copy of the Adoption Deed dated 18.12.1969 between Zarine Rustom Gandhi and Sorab Kaikhushroo Divecha and Hilla Sorab Divecha by praecipe dated 14.07.2025. Deceased was survived by adopted daughter and one sister. Out of them adopted daughter is petitioner herein and sister has given her consent in favour of petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Anuradha Sorabjee dated 02.08.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 19.03.2025 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. 08.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG