Bombay High CourtTP/1363/2024grant issued

Rukshad Shahrukh Mody v. Shahrukh Noshir Mody (Deceased)

2024-07-15Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 15th July 2024.

CALLED FOR COMPLIANCE:

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48. TP/1363/2024 [Original] (ECHCBM02022462024) Ms. Kanchan Pamnani, 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 Rukshad Shahrukh Mody and Danush Shahrukh Mody, being the Executors named under the Will of the deceased. Deceased Shahrukh Noshir Mody said to have died at Mumbai on 14.09.2023. 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. Ms. Pamnani, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed and registered at Pune on 12.10.2021. The said Will is in English language.

3. Ms. Pamnani, Advocate for Petitioners submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that wife of the deceased pre-deceased the deceased and Exhibit - F to the Petition is the copy of her death certificate. The deceased had no children other than the Petitioners. Save and except as mentioned in para - 9, there are no other legal heirs and next of kins left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavit of mother of the deceased as mentioned in para - 9 is on record. Affidavit of Deepali Shinde, 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 as prayed after verifying whether any Cross Petition or Caveat is filed.

15.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master