Bombay High CourtTP/2759/2024grant issued

Adil Keki Bala v. Minoo Rustomji Bala

2024-09-18S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th September, 2024 CALLED FOR DIRECTION:

52. TP/2759/2024 Mr. D. R. Mishra, Adv. i/b. Pandya & Poonawala for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02073522024) with WILL/1129/2024 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 Adil Keki Bala being the surviving Executor named under the Will of the deceased. Deceased Minoo Rustomji Bala, said to have died at Pune on 29.04.2018.

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. Mr. Mishra, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 28.05.2010 and registered on 22.06.2010. The said Will is in English language.

3. Mr. Mishra, Advocate for the Petitioner 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. The Deceased was married to Ms. Goolrukh Bala and was divorced under the Decree of Divorce dated 16th February, 1995 passed by The Parsi Chief Matrimonial Court at

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Bombay. Exh. F to the petition is a copy of divorce decree of the deceased. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the delay of filing this Petition be condoned as the concerned authorities asked for Probate to transfer the properties in favour of beneficiaries recently. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of son and daughter of the deceased as mentioned in para 9 are on record. Affidavit of of Kersi Boman Irani, 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 18.09.2024