Farokh Nasarvanji Ankleshwaria v. Alooben Nasarwanji Anklesaria

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 13th August, 2024 CALLED FOR DIRECTION:

13. TP/1346/2024 Ms. Dhanashree Gaikaiwari, Adv. i/b. Bilawala & Co., for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02228352023) with WILL/475/2024 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 Farokh Nasarvanji Ankleshwaria, Mrs. Benaifer Behram Sherdiwala and Mrs.

Veera Sorabji Pardiwala being the Executor/ Executrices named under the Will of the deceased. Deceased Mrs. Alooben Nasarwanji Anklesaria, said to have died at Mumbai on 14.08.2018. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Gaikaiwari, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 16.04.2014. The said Will is in English language.

3. Ms. Gaikaiwari, Advocate for Petitioners submits that deceased was governed under the Indian Succession Act, 1925 applicable to Parsis. It is submitted that the Parents and husband of the deceased predeceased the deceased. Save and except as mentioned in para -9, there are no other legal heirs and

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) next of kin left by the deceased. The Ld.

Adv. for the Petitioner submits that the Petitioners took sometime to obtain and other details of the estate of the deceased and in view of Covid 19 and the floods at Ankleshwar were unable to gather the documents early and hence sometime had taken to file the present Petition. The delay if any, in filing is not deliberate and be condoned in the matter of justice and equity. Thus, the delay is explained.

4. Petitioners' Oath are filed. Consent Affidavits of two married daughters of the deceased as mentioned in para 9 are on record. Affidavits of Heena BilawalaEngineer and Prabhakar D. Bhosale, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 13.07.2024