Ruzbeh Jamshed Shiavukshaw Mistry v. Khorshed Keky Mistry (Deceased)

BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2nd May, 2025 CALLED FOR HEARING :

TP/883/2025 (E-filing) Mr. B. G. Saraf a/w. Suyash Kalbhor, 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 Ruzbeh Jamshed Shiavukshaw Mistry being sole Executor named under the Will of deceased. The deceased namely Khorshed Keky Mistry died at USA on 29.05.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 30.01.2014. 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.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by husband only who has given his consent. Consent Affidavit is on record. Petitioner is nephew of deceased. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Hormuzd Noshir Titina dated 05.01.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 29.03.2025 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. 02.05.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR