Abbas Tayabbhai Bagasrawala v. Tayab Mohamedbhai Bagasrawala

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

55. TP/2772/2024 Ms. Jyoti Badgujar, Adv. i/b. Lakdawala & Co., for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02085182024) with WILL/1132/2024 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 Abbas Tayabbhai Bagasrawala and Hussain Tayabbhai Bagasrawala being the Executors named under the Will of the deceased. Deceased Tayab Mohamedbhai Bagasrawala alias Tayabbhai Mohamedbhai Bagasrawala alias Tayab Mohamed Bagasrawala alias Tayab Bagasrawala alias Tyeb Mahomedbhai, said to have died at Mumbai on 28.03.2023. 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. Ms. Badgujar, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 31.08.2019. The said Will is in English language.

3. Ms. Badgujar, Advocate for Petitioners submits that deceased was governed under the Mulsim Personal Law applicable Shia Bohri Muslim. It is submitted that the said

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Deceased had married once during his life time. THE FATHER of the Deceased Mr.

Mohamed Bhai Yusuf Bhai Bagasrawala died on 25-07-1983. The MOTHER of the Deceased Mrs. Khatijabai Mohammedbhai Bagasrawala died on 24-2-1995. Exhibit D to the petition is Photocopy of the Death Certificate of the Deceased. The said Deceased died leaving behind Widow, 2 Sons and 1 Daughter only. The PARENTS and GRAND PARENTS of the Deceased predeceased the Deceased. I say that in the Will inadvertently surname of Testator has been mentioned on Page No 11 "BAGARAWALA"

but the correct spelling is "Bagasrawala" 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 are filed. Consent Affidavits of widow and married daughter of the deceased as mentioned in para 8 is on record. Affidavit of Mohammed Moiz Kharawala, 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