Meherji Keki Banajee v. Maneck Keki Banajee (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th September 2024.

CALLED FOR COMPLIANCE:

44. TP/3357/2024 [Original] (ECHCBM02113162024) with WILL/1359/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Md. Mahmood Ali i/b Mrityunjay, 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 Meherji Keki Banajee, being one of the Executors named under the Will of the deceased. Deceased Maneck Keki Banajee, said to have died at Pune on 08.02.2017. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Mr. Ali, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Pune on 05.04.1992. The said Will is in English language.

3. Mr. Ali, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsi Zorostrian. It is submitted that the parents and husband of the deceased predeceased the deceased. The deceased had Four Sons and one daughter. Save and except as mentioned in para - 8, there are no other legal heirs or next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner was not aware with regard to obtaining of the Probate of the said Will. The Petitioner now

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) advised, inter alia, that for the transfer of the immovable property of the deceased the Probate of the said Will is required to be obtain from the competent court of law, in the circumstances Petitioner submit that delay if any, in filing the present Petition for Probate be condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executor, Daraius Keki Banajee, has renounced his right by filing Affidavit dated 20.05.2024. Consent Affidavits of three sons and daughter of the deceased as mentioned in para - 8 are on record. Affidavits of Cyrus Tehmurasp Dalal and Dr. Naasha Noshir Dastur, both the attesting witnesses to the Will are 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.

30.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master