Thirty Behram Irani v. Behram Shapur Irani

BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 29th July, 2024 CALLED FOR COMPLIANCE :

29 TP/1855/2024 ) Ms. Darshana Manjarekar i/b. One Point Legal Solutions, Advocate for petitioner P.C.:

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner, being beneficiary named under the Will executed by Behram Shapur Irani (herein after the same is referred to as "Testator"), for grant of Letters of Administration with Will annexed. Testator said to have died on 20.10.2023 at Mumbai. Petitioner filed the copy of death certificate (which is annexed to petition as Exhibit-A), identity proof of the testator (which is annexed to petition as Exhibit- A1), Will, petitioner's oath, affidavits of legal heirs of the testator.

2. The petitioner has filed petition within prescribed limit as per Rule 382 of the Bombay High Court (Original Side) Rule, 1980 (for short "Rules").

3. The testator has not appointed executor to execute the Will. The petitioner is being beneficiary named under the Will. Hence, petition is tenable.

4. Petitioner stated that the testator left behind his last Will and Testament which was duly executed at Mumbai on 25.04.2023, in English language. Ld. Advocate for petitioner submits that the original Will is handed in separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay.

5. Petitioner states that parents of testator were predeceased to him and testator was survived by legal heirs shown in the paragraph No. 6 of the petition, as per the provisions of the Indian Succession Act, 1925 applicable to Parsi. Testator died leaving behind his wife namely Thrity Behram Irani - petitioner herein and only son Shapur Behram Irani. Consent Affidavit of Shapur Behram Irani dated 04.05.2024 is on record. He has given his consent in the form of Affidavit, ......2

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- 2 - TP/1855/2024 which is filed on the record by the petitioner and consented for the issuance of Letters of Administration with Will annexed in favour of the petitioner without justifying any surety in respect of his share in the estate of the testator. He has waived the service of Citation. The petitioner affirmed that there are no other legal heirs of the testator other than mentioned in para 6 of the petition.

6. Affidavit of Service of General Citation is filed, stating that citation has been affixed on the Notice Board of the Hon'ble High Court, Bombay and notice board of the Collector's office on 06.06.2024. Notice to collector has been sent.

7. The petitioner has filed the Affidavit and Additional Affidavit of Nitin Laxman Shinde dated 29.12.2023 and 09.07.2024, one of Attesting Witness to the Will, in the Form No.102 of the Bombay High Court (Original Side) Rules, 1980. Attesting witness deposed that he was present and testator signed on the Testament papers in presence of his and another witness. According to him, all additions and alteration, in a Will, were existed at the time of execution and before signing the Will. Hence, there is sufficient compliance of the Rule 383 of the Bombay High Court (Original Side) Rules, 1980. Attesting witness further deposed that at the time of execution of the Will, testator was of sound and disposing mind, memory and understanding. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will.

8. Properties mentioned in the schedule of the petition are referred in the Will as well as in residuals clause of the Will.

"That the Petitioner has truly set forth in Schedule No. I hereto annexed and marked Exhibit "C" all the movable and immovable properties and credits which the deceased died possessed of or entitled to at the time of his death, which have or are likely to come to the petitioner's hands. So far as the Petitioner ....3

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- 3 - TP/1855/2024 has been able to ascertain or is aware, there are no property and credits other than what specified in the Schedule No.I attached to the Petition". The Ld. Advocate for the petitioner submitted that properties available to the testator at the time of his death are mentioned in the Schedule I of the petition.

9. Petitioner has executed the administration Bond dated 04.06.2024 and 09.07.2024, in the prescribed format. Hence, following order:

ORDER

1) Petition is granted.

2) Office to issue Letters of Administration with Will annexed as per the provisions of the Indian Succession Act, 1925 to the petitioner and upon satisfaction that the administration Bond is properly executed, as per the Rules.

3) Before issuance of above said Letters of Administration with Will, the office to verify that there is no cross Petition is pending or caveat is filed. Office to act accordingly 29.07.2024 FIRST ASSISTANT MASTER