Bombay High CourtTP/1436/2024grant issued

Mehli Maneck Golvala v. Zenobia Feroze Surveyor (Deceased)

2024-09-06S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 6th September, 2024 CALLED FOR DIRECTION:

65. TP/1436/2024 Mr. Siddharth Desai, Adv. i/b. Ajit Shrikhande for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02022512024) with WILL/546/2024 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 and two Codicils of the deceased filed by the Petitioner Mehli Maneck Golvala being the sole Executor named under the Will of the deceased. Deceased Zenobia Feroze Surveyor alias Zenobia F. Surveyor, alias Zenobia Surveyor, said to have died at Mumbai on 27.10.2022. 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. Mr. Desai, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 06.01.2015. The First Codicil was executed on 15.06.2015 and Second Codicil on 04.12.2017. The said Will and Codicils are in English language.

3. Mr. Desai, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act, 1925 applicable to Christians. It is submitted that the Parents

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) of the deceased predeceased the deceased.

The deceased died as spinster. The deceased had no brother. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. There is affidavit of service dated 02.08.2024 filed by Sheriff office showing service upon the non consenting legal heirs of the deceased as mentioned in Para 9. Affidavits of Prerna Arya alias Prerna Sharma and Mehmood Curmally to the will and first and second Codicil are on record. 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 06.09.2024