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Bombay High CourtTP/1720/2024grant issued

Rushad Darayas Malegam v. Darayas Pheroze Malegam Also Known As Darayas P Malegam Also Known As D P Malegam

2024-07-31Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 31st July, 2024 CALLED FOR DIRECTION:

28. TP/1720/2024 Ms. Sanober P Nanavati, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02001722024) with WILL/633/2024 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 Rushad Darayas Malegam being one of the Executors named under the Will of the deceased. Deceased Darayas Pheroze Malegam said to have died at Mumbai on 26.10.2023. 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. Nanavati, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 10.04.2018. The said Will is in English language.

3. Ms. Nanavati, 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 wife of the Deceased predeceased the deceased. There are no other sons and the deceased had no daughter. 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. The other executor Mr. Keshad Darayas Malegam has filed his affidavit dated 1st November 2023 renouncing his rights as Executor. Consent Affidavits two sons of the deceased as mentioned in para 8 are on record. Affidavit of Dr. Anjum R. Dhalla, 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 31.07.2024