Bombay High CourtTP/1437/2024grant issued

Zeena Pheroze Daruwala v. Maki Pheroze Daruwala

2024-10-08Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th October, 2024.

CALLED FOR COMPLIANCE :

23. TP/1437/2024 [Original] (ECHCBM02238702023) with WILL/547/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Malcolm Vaz i/b Sanjay Rego, 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 Zeena Pheroze Daruwala d/o Late Maki Pheroze Daruwala, being one of the Executors named under the Will of the deceased. Deceased Maki Pheroze Daruwala, said to have died at Mumbai on 21.07.2021.

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. Mr. Vaz, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 17.04.2009. The said Will is in English language.

3. Mr. Vaz, Advocate for the Petitioner 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 pre-deceased the deceased. Save and except as mentioned in para - 6, there are no other legal heirs left by the deceased.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4. Petitioner's Oath is filed.

The other Executor, Zubin Pheroze Daruwala, has renounced his right by filing Letter dated 05.12.2023. The Ld. Advocate for the Petitioner is permitted to correct the prayer clause by mentioning the renouncing right of other Executor within three days from the date of uploading of the order. Consent Affidavit of son of the deceased as mentioned in para - 6 is on record. Affidavit of Paras N. Vira, 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.

08.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master