Zarina Fali Damania v. Khorshed Gustadji Billimoria (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th July, 2024 CALLED FOR DIRECTION:

59. TP/1417/2024 Ms. Drasti Jani, Adv. for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02238362023) with WILL/528/2024 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 Zarina Fali Damania and Bomi Shavak Billimoria being the Executors named under the Will of the deceased.

Deceased Khorshed Gustadji Billimoria said to have died at Mumbai on 11.05.2023.

Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Jani, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 05.07.2022. The said Will is in English language.

3. Ms. Jani, 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.

Deceased had no issues. Deceased was a spinster/unmarried and stayed with her niece Ms. Mani Shavak Billimoria, who died on 2nd September 2023. Save and except as

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) mentioned in para -9, there are no other legal heirs and next of kin left by the deceased.

4. Petitioners' Oath are filed. Affidavits of Dr. Behram Bunshah and Reshma Bano, 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 26.07.2024