Tehmton Keki Zaveri v. Amy Minoo Minocherhomji (Deceased)
ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 27th June, 2024 CALLED FOR DIRECTION:
29. TP/1905/2024 (ECHCBM02021052024) with WILL/749/2024 Mrs. Bharti K. Thaker, Adv. for Petitioners. 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 1. Tehmton Keki Zaveri and 2.
Monaztehmton Zaveri being the Executor/ Executrix named under the Will of the deceased. Deceased Amy Minoo Minocherhomji said to have died at Mumbai on 23.08.2018. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.
2. Mrs. Thaker, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 05.02.2015 The said Will is in English language.
3. Mrs. Thaker, Advocate for Petitioners 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.
That deceased Amy Minoo Minocherhomji, herein had no son and daughter . (Died issue1ess). The husband of the deceased
Minoo Eruchshaw Minocherhomji, predeceased the deceased, who died on 07/09/2014 Exhibit ' D1' to the petition is a true copy of her husband's death certificate. The parents of the Husband of the deceased predeceased the deceased. The deceased had one brother in law Phiroze Eruchsha Minocher homji died as Bachelor, predeceased the deceased on dated 6/4/1997. 'Exhibit D2 to the petition is true copy of his death certificate and The deceased had Two sisters in law i) Banu Meherwan Patel pre-deceased the deceased on 20-05-2017, died issueless. 'Exhibit D3 to the petition is a true copy of her death certificate, & ii) Amy Keki Zaveri, predeceased the deceased on 27-01-2013.
Exhibit 'D4 to the petition is a true copy of her death certificate leaving behind Son Tehmton Keki Zaveri who is as petitioner no.1 herein , as well as nephew of the deceased abovenamed. The deceased had one brother only named Keki Furdoonji Zaveri who died predeceased on 23/03/1992. 'Exhibit D5' to the petition is a true copy of his death certificate. It is submitted that said Keki Furdoon Zaveri left a son, Tehmton and wife of Keki also predeceased the deceased. The deceased abovenamed had no Sister. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.
4. Petitioners' Oath is filed. Affidavit of Fali Eruchshaw Joshi, one 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 27.06.2024