Bombay High CourtTP/1297/2024grant issued

Dolat Noshir Kotwal v. Noshir Dinshaw Kotwal

2024-06-20Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 20th June 2024.

CALLED FOR COMPLIANCE:

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49. TP/1297/2024 (ECHCBM02227302023) Mr. Dushyant Tejpal, Advocate for Petitioners. P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Dolat Noshir Kotwal, Shapur Noshir Kotwal and Shireen Arshad Jassdanwalla, being the Executors/Executrix named under the Will of the deceased. Deceased Noshir Dinshaw Kotwal, said to have died at Mumbai on 31.05.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Passport is annexed to the Petition.

2. Mr. Tejpal, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 11.03.2015. The said Will is in English language.

3. Mr. Tejpal, Advocate for Petitioners submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the parents of the deceased predeceased the deceased. Exhibits "D" is a copy of Death Certificate of Mr. Keki Dinshaw KotwaL, brother of the deceased. The Deceased had no other son and daughter. Save and except as mentioned in para - 7 there are no other legal heirs left by the deceased.

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4. Petitioners' Oath are filed.

Consent Affidavits of wife, son and daughter of the deceased as mentioned in para - 7 are on record. Affidavit of Shishir Radhakumar Tejpal, one of the attesting witness 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 expeditiously as prayed after verifying whether any Cross Petition or Caveat is filed.

20.06.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master