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Bombay High CourtTP/1557/2024grant issued

Hanoz Phiroze Patel v. Arni Pirojshaw Daruwalla (Deceased)

2024-08-28S. 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 : 28th August, 2024 CALLED FOR DIRECTION:

20.TP/1557/2024 Ms. Shaanayaa Kapoor, Adv. i/b. Mulla & Mulla & CBC for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02033042024) with CHOL/262/2024 (ECHCBM02105102024) with WILL/591/2024 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 of the deceased filed by the Petitioner Hanoz Phiroze Patel being one of the Executors named under the Will of the deceased. Deceased Arni Pirojshaw Daruwalla, said to have died at Mumbai on 24.07.2023. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Kapoor , Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 31.10.2014. The said Will is in English language.

3. Ms. Kapoor, 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 deceased predeceased the deceased. the said deceased died as Spinster. That the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) parents of the deceased have pre-deceased to the deceased. The deceased had one brother Jeejibhoy Pirojshaw Daruwalla and one sister Mani Pirojshaw Daruwalla, That Jeejibhoy Pirojshaw Daruwalla, the brother of the died as bachelor on 8th December 2002. Exhibit "F" to the petition is a copy of the death Certificate of Jeejibhoy Pirojshaw Daruwalla, the Brother of the deceased.

That Mani Pirojshaw Daruwalla, the Sister of the deceased died as Spinster on 10.05.2023. A copy of the death certificate of Mani Pirojshaw Daruwalla, the Sister of the deceased is annexed to the Petition as Exhibit C hereinabove. The deceased had no other sister and no other brother. That the names and whereabouts of the Legal heirs of the deceased from her paternal side and maternal side as provided under the provisions of Indian Succession Act, 1925, is not known to the Petitioner.

4. Petitioner's Oath is filed. The other executrix Soona Minoo Shroff has filed her affidavit dated 05.01.2024 renouncing her rights as executrix. The other executrix Mani Piroj shaw Daruwalla, expired and Exh. C to the petition is a copy of her death certificate. Affidavit of of of Agnel Anthony Cameiro, one of the attesting witness to the Will is 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 28.08.2024