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Bombay High CourtTP/1650/2024grant issued

Uzma Abid Porbanderwalla v. Anita Manmohan Das Alias Anita Man Mohan Das Alias Anita M. Das Alias Anita Manmohan

2024-07-10Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th July, 2024 CALLED FOR DIRECTION:

28. TP/1650/2024 Ms. Jyoti Badgujar, Adv. i/b. S. U. Lakdawala for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02240562023) with WILL/618/2024 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 Uzma Abid Porbanderwalla being the sole Executrix named under the Will of the deceased. Deceased Anita Manmohan Das, said to have died at Mumbai on 06.10.2023. Copy of Death Certificate is annexed to the Petition. Copy of Passport of the deceased as ID Proof is annexed to the petition.

2. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 22.06.2022. The said Will is in English language.

3. Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Mohemmedan Law. It is submitted that HUSBAND of the Deceased Mr. Manmohan Motilal Das died on 5-1-2022, Exhibit 'D' to the petition is a photo copy of the death certificate he pre- deceased the Deceased.

The said Deceased died ISSULESS. The PARENTS of Deceased and Parents of Husband of Deceased pre-deceased the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Deceased. The said Deceased had NO she had ONLY 2 Brothers. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of two brothers of the deceased as mentioned in para 8 are on record.

Affidavit of Nasreen Shakeel Zaveri, 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 10.07.2024