Bombay High CourtTP/2797/2024grant issued

Qutubuddin M Patrawala v. Imran Essofally Lokhandwala

2024-10-01Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 01st October, 2024.

CALLED FOR COMPLIANCE :

43. TP/2797/2024 [Original] (ECHCBM02025862024) with WILL/1146/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Farhan Shaikh i/b Suraj Shetye, 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 Qutubuddin M. Patrawala, being the Executor named under the Will of the deceased.

Deceased Imran Essofally Lokhandwala, said to have died at Mumbai on 19.03.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Will at page No. 25.

2. Mr. Shaikh, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 14.12.2022. The said Will is in English language.

3. Mr. Shaikh, Advocate for the Petitioner submits that deceased was governed under the The Muslim Law of Inheritance, 1956. The Ld.

Advocate for the Petitioner submits that though it is not mentioned in the Petition, he may be permitted to correct para - 9 of the Petition accordingly within three days from the date of uploading of the order. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4. Petitioner's Oath is filed. Consent Affidavits of wife, two daughters and son of the deceased as mentioned in para - 8 are on record. Affidavit of K. M. Patrawala, 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.

01.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master