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Bombay High CourtTP/3305/2025grant issued

Zal Sam Cooper v. Sam Minoo Engineer

2025-08-22Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 22nd August, 2025 CALLED FOR HEARING :

TP/3305/2025 (E-filing) Mr. D. R. Mishra i/b. MS Bodhanwalla and Co., Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Zal Sam Cooper being one of the Executors named under the Will of deceased. The deceased namely Sam Minoo Engineer died at Mumbai on 19.04.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 08.09.1984. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Petitioner is one of the executors and other two executors namely Navaz Sam Engineer and Hoshang Dhanjisha Nanavati have renounced their rights to act as an executors and Affidavit dated 19.07.2024 and letter dated 22.04.2024 are filed to that effect.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died issue-less. Deceased was survived by his widow who has given her consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Hoshang Dhanjisha Nanavati dated 12.07.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 28.07.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

22.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG