Bombay High CourtTP/2923/2024grant issued

Phiroze Rumi Titina v. Rumi Phiirozshah Titina

2024-08-26Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th August 2024.

CALLED FOR COMPLIANCE :

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35. TP/2923/2024 [Original] (ECHCBM02010302024) with WILL/1171/2024 Ms. Sneha Agicha i/b D. M. Harish & Co., 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 Phiroze Rumi Titina, being the Sole Executor named under the Will of the deceased. Deceased Rumi Phirozshah Titina, said to have died at Mumbai on 17.06.2022. 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. Ms. Agicha, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 27.01.2019 and 01.08.2019 respectively. The said Will is in English language.

3. Ms. Agicha, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the parents, wife and son of the deceased pre-deceased the deceased. Exhibit - E and F to the Petition are the copies of death certificate of the wife and son of the deceased. The Deceased did not leave any other son/daughter or any other children. Save and except as mentioned in

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) para - 8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Affidavit of Dinaaz B. Anklesaria, 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.

26.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master