Saida Ikbal Nathani v. Tarabai Nuruddin Ghasletwala Alias Tarabai Ghasletwala Tarabai Alias T N Ghasletwala (Deceased)

Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th June, 2024 CALLED FOR DIRECTION:

36. TP/1031/2024 (ECHCBM02234772023) with WILL/336/2024 Ms. Suman Jain, Adv. for the Petitioners.

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1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioners Saida Ikbal Nathani and Azim Faizullah Tapia being the Executor / Executrix named under the Will of the deceased. Deceased Tarabai Nuruddin Ghasletwala alias Tarabai Ghasletwala alias Ghasletwala Tarabai alias T. N. Ghasletwala, said to have died at Mumbai on 24.09.2023.

Copy of Death Certificate is annexed to the Petition. Copy of Passport of the deceased as ID Proof is annexed to the petition.

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2. Ms. Suman Jain, Advocate for the Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 01.11.2017.

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3. Ms. Suman Jain, Advocate for the Petitioners submits that deceased was governed under the [Shia] Mohammedan Law. It is submitted that the parents of the deceased pre-deceased the deceased. The elder Son Abid of the deceased predeceased the deceased. That the said deceased left no any other Son and no any other daughter .... 2 ) ) ) ) ) ) )

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save and except those mentioned herein Para No. 9. There are no other next-of-kin left by the deceased.

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4. Petitioners' Oath are filed. Consent Affidavits of two daughters and three sons of the deceased as mentioned in para No. 9 are on record. Affidavit of Azmat Jhaveri, the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are filed online. All other legal formalities are complied with. Hence, Petition is granted.

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5. Office to issue Probate expeditiously as prayed after verifying whether any Cross Petition or Caveat is filed.

) ) ) Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 11.06.2024