Bombay High CourtTP/1788/2024grant issued

Zubin Feroze Surti v. Feroze Darabshaw Surti

2024-08-07Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Pallavi Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 07th August 2024.

CALLED FOR DIRECTION :

25. TP/1788/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Pierre Fernandes i/b. Mr. Ivor Peter D'Cruz, for petitioners.

(ECHCBM02020272024) WITH WILL/653/2024 P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Zubin Feroze Surti and Meher Zubin Surti, being the Executors named under the Will of the deceased. Deceased of Feroze Darabshaw Surti Alias Feroze Surti, said to have died at Mumbai on 25.05.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Fernandes, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 30.01.2012. The said Will is in English language.

3. Mr. Fernandes, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925. It is submitted that the parents of the deceased predeceased the deceased. The wife of the deceased also predeceased the deceased. The deceased had only one son and no daughters. The deceased has no other children except those mentioned herein. The deceased has left no other legal heirs. Save and except as mentioned in para -

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Affidavit of of Mr. Porus Tehmurasp Tavaria and Mr.

Tehmurasp Dinshaw Tavaria both the attesting witnesses to the Will are 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.

07.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master