Bombay High CourtTP/1182/2024grant issued

Hoshedar Pesi Bamboat v. Farrokh Kaikhusroo Mahwa Alias Farrokh K. Mahwa (Deceased)

2024-06-18Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th June, 2024.

CALLED FOR COMPLIANCE:

45. TP/1182/2024 (ECHCBM02004112024) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Jayant Wani i/b Seem Hunnurkar and Assocs., 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 Hoshedar Pesi Bamboat being the Sole Executor named under the Will of the deceased. Deceased Farrokh Kaikhusroo Mahwa alias Farrokh K. Mahwa, said to have died at Mumbai on 24.11.2023. 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. Wani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 11.02.2020. The said Will is in English language.

3. Mr. Wani, 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 Grandparents of the deceased are predeceased the deceased. The deceased died as a Bachelor. The deceased left no issue. The deceased left one brother and one sister. The Sister of the deceased namely Dolly Pesi Bamboat is predeceased the deceased, who died on 14/10/2020, Exhibit- "D" to the Petition is a copy of her death certificate and she left one

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) son and no daughter. Save and except as mentioned in para - 8, there are no other legal heirs and next of kins left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of brother of the deceased as mentioned in para - 8 is on record. Affidavit of Ayesha Firoze Damania, one of the attesting witnesses to the Will is 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.

18.06.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master