Bombay High CourtTP/2621/2024grant issued

Pervin Behram Pudumjee v. Pesi Shapoorji Anklesaria

2024-08-29C.J. Bhatt,Incharge Prothonotary And Sr Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 29th August 2024.

CALLED FOR COMPLIANCE :

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38. TP/2621/2024 [Original] (ECHCBM02025502024) with WILL/1072/2024 Mr. Sushil A. Inamdar i/b Ajit Shrikhande, Advocate for the Petitioner.

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 Pervin Behram Pudumjee, being one of the Executors named under the Will of the deceased.

Deceased Pesi Shapoorji Anklesaria, said to have died at Pune on 14.01.2022. 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. Inamdar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Pune, on 07.11.2011. The said Will is in English language.

3. Mr. Inamdar, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the parents and wife of the deceased pre-deceased the deceased. The deceased died as widower. The deceased left no son. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed.

The other Executors, Kaikobad Dorab Pudumjee and (3) Rashna Hoshang Khan have filed their

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Affidavits dated 18.01.2024 and 30.01.2024 respectively reserving their reserving and/or renouncing their rights as Executor. Affidavit of Charusheela Kulkarni @ Charu Raian Kulkarni, one of the attesting witness 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.

29.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master