Bombay High CourtTP/3114/2024grant issued

Saeeda Cyrus Elavia v. Cyrus Ratan Elavia (Deceased)

2024-10-10S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th October, 2024.

CALLED FOR COMPLIANCE :

19. TP/3114/2024 [Original] (ECHCBM02039292024) with WILL/1233/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Deepali Bagla i/b Alokkumar Bagla, 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 Saeeda Cyrus Elavia, being the Sole Executrix named under the Will of the deceased. Deceased Cyrus Ratan Elavia, said to have died at Mumbai on 07.06.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Bagla, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 07.10.1994. The said Will is in English language.

3. Ms. Bagla, 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 grand parents of the deceased pre-deceased the deceased. The Petitioner states that the deceased and his wife i.e. the Petitioner herein has no biological children of their own. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Affidavit of Saeeda Cyrus Elavia is filed, in lieu of attesting witness to the Will who are expired and their death certificates are annexed to the Affidavit. 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.

10.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master