Bombay High CourtTP/2520/2024grant issued

Najoo Dinyar Gandhi v. Dinyar Darabsha Gandhi

2024-08-27Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 27th August 2024.

CALLED FOR COMPLIANCE :

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42. TP/2520/2024 [Original] (ECHCBM02045692024) with WILL/1029/2024 Mr. S. U. Lakdawala, Advocate 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 Najoo Dinyar Gandhi and Meherangiz Rayomand Dotiwalla, being the Executors named under the Will of the deceased.

Deceased Dinyar Darabsha Gandhi alias Dinyar D. Gandhi alias Dinyar Gandhi, said to have died at Mumbai on 06.10.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Lakdawala, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 27.08.2023. The said Will is in English language.

3. Mr. Lakdawala, 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 pre-deceased the deceased. The Deceased died leaving behind Widow one Daughter and one Son. The said Deceased left no other heirs. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed.

The other Executor, Cyrus Dinyar Gandhi has filed his Affidavit dated 01.03.2024 reserving his right as Executor. Consent Affidavit of son of the deceased as mentioned in para - 8 is on record.

Affidavit of Kaenaz Navroz Dhamodiwalla, one of the attesting witnesses to the Will is 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.

27.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master