Bombay High CourtTP/3214/2024grant issued

Meher Pesi Engineer v. Thrity Pesi Engineer (Deceased)

2024-10-21Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 21st October, 2024.

CALLED FOR COMPLIANCE :

34. TP/3214/2024 [Original] (ECHCBM02106232024) with WILL/1304/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sudhir Yadav i/b Nene Vijay Vasant, 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 Meher Pesi Engineer, being the Sole Executrix named under the Will of the deceased. Deceased Thrity Pesi Engineer, said to have died at Mumbai on 08.03.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Passport is annexed to the Petition.

2. Mr. Yadav, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 21.01.2018. The said Will is in English language.

3. Mr. Yadav, 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 have predeceased the deceased. The said deceased had divorce from her husband on 02.02.1990. Exhibit "D" is a copy of Divorce Decree dated 18th day of December, 1989. Deceased died as Divorcee. The said deceased died leaving behind one son and one daughter Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavit of son as mentioned in para - 8 is on record.

Affidavit of Dilnaz Jal Gilder, 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.

21.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master