Bombay High CourtTP/2489/2024grant issued

Khiraad Noshir Khambatta v. Silloo Noshir Khambatta

2024-08-23S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

msm Before : Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd August, 2024 CALLED FOR COMPLIANCE :

30.TP/2489/2024 ECHCBM02052462024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar i/b. M/s. Lakdawala and Co., Advocate for the Petitioner.

WITH WILL/1009/2024 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 Khiraad Noshir Khambatta, being one of the Executors named under the Will of the deceased. Deceased Silloo Noshir Khambatta alias Silloo N. Khambatta alias Silloo Khambatta said to have died at Mumbai on 1st January, 2024. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar of the deceased as ID Proof is annexed to the petition.

2. Ms. Jyoti Badgujar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 9th March, 2021. The said Will is in English language.

3. Ms. Jyoti Badgujar, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act, 1925. It is submitted that the The said Deceased had no daughter she died leaving behind only son the Petitioner herein. The husband of the Deceased Mr. Noshir Phiroze Khambatta died on 1-12-2018. Exhibit 'D' to the Petition is a Photocopy of the death certificate of the pre-deceased Husband of the Deceased. The parents of the Deceased and parents of husband of ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

Deceased pre-deceased the Deceased. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Other Executor viz. Mrs. Methoo Zaki Hajeebhoy has filed her Affidavit dated 5th March, 2024 reserving her rights as Executrix. Affidavits of Zaki Aziz Hajeebhoy, 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 23.08.2024