Bakhtiar Phiroze Sunavala v. Phiroze Ardeshir Sunavala

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd July 2024.

CALLED FOR DIRECTION (FOR COMPLIANCE :

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40. TP/1102/2024 [Original] (ECHCBM02187152023) Ms. Kejal Kamdar, 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 Bakhtiar Phiroze Sunavala, being the Sole Executor named under the Will of the deceased.

Deceased Phiroze Ardeshir Sunavala, said to have died at Mumbai on 25.08.2009. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card of the deceased is annexed to the Petition.

2. Ms. Kamdar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 23.03.2009. The said Will is in English language.

3. Ms. Kamdar, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the parents and wife of the Deceased are pre-deceased the Deceased. Exhibit 'D' to the Petition is the copy of the death certificate of wife of the deceased. The deceased left no other sons or daughters. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that through oversight no application

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4. Petitioner's Oath is filed. Consent Affidavit of the daughter of the deceased as mentioned in para - 8 is on record. Affidavit of Behroze Zavaray Poonawalla (also known as Behroze Zavareh Poonawalla), one of the attesting witness to the Will is filed. Affidavit of service of General Citation 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 or Caveat is filed.

22.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master