Bombay High CourtTP/3183/2024grant issued

Firoza Adel Engineer v. Meher Ferdoon Mehta (Deceased)

2024-10-08S. 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 : 08th October, 2024.

CALLED FOR COMPLIANCE :

51. TP/3183/2024 [Original] (ECHCBM02033942024) with WILL/1279/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sneha Agicha i/b D. M. Harish and 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 Firoza Adel Engineer, being one of the Executrix named under the Will of the deceased. Deceased Meher Ferdoon Mehta, said to have died at Mumbai on 17.06.2023.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copies of Pan Card is annexed to the Petition.

2. Ms. Agicha, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 01.07.2009. 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 of the deceased pre-deceased the deceased. The deceased left no son or daughter. Save and except as mentioned in para - 10, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. The remaining two Executors, Jamshed Adel Engineer and

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Sohrab Adel Engineer, have reserved their rights by filing Affidavit dated 09.11.2023 and 30.12.2023 respectively. Affidavit of Jehangir Nariman Mistry, 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.

08.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master