Bombay High CourtTP/1425/2024grant issued

Hutoxi Hoshang Boman v. Hira Aspi Bhesania (Deceased)

2024-07-30Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th July 2024.

CALLED FOR COMPLIANCE :

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10. TP/1425/2024 [Original] (ECHCBM02227962023) Ms. Areez Gazdar a/w Riddhi Badheka i/b Veritas Legal, 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 Hutoxi Hoshang Boman, being the Sole Executrix named under the Will of the deceased.

Deceased Hira Aspi Bhesania, said to have died at Ho Chi Minh City, Vietnam on 11.10.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Badheka, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 04.08.2011. The said Will is in English language.

3. Ms. Badheka, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the parents of the said deceased have predeceased the said deceased. The husband of the said deceased viz. Aspi Behram Bhesania, deceased on 3rd February 1990 and predeceased the deceased. The deceased died as a Widow. Exhibit - E to the Petition is the copy of death

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) certificate of the Late Mr. Aspi Behram Bhesania. Save and except as mentioned in para - 10, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of son of the deceased as mentioned in para - 10 is on record. Affidavit of Mita Vora, 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.

30.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master