Parveen Godrej Siganporia v. Shri Dadi Ratanji Malaowala (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th October, 2024 CALLED FOR DIRECTION:

36. TP/3393/2024 Mr. Md. Mahmood Ali, Adv. i/b. Waquar Ahmad for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02062692024) with WILL/1368/2024 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 Parveen Godrej Siganporia being one of the Executrix named under the Will of the deceased. Deceased Shri Dadi Ratanji Malaowala, said to have died at Mumbai on 22.06.2018. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof 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 Mumbai on 14.04.2012. 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 Parsis. It is submitted that the father of the deceased predeceased the deceased. The deceased has no son. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the Petitioner states that the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased died on 22nd June, 2018 and after some time Covid-19 pandemic was declared.

Due to pandemic Covid- 19, the Petitioner could not file the present Petition in time.

Hence, there is a delay in filing present Petition for Probate of the deceased. The Petitioner submits that the reason mentioned herein above may be accepted and the delay in filing present Petition may be condoned Thus, the delay is explained.

4. Petitioner's Oath is filed. The Other Executrix Arnaaz Bommie Wadia filed her affidavit dated 21.03.2023 reserving her rights as executrix. Consent Affidavits of widow and married daughter of the deceased as mentioned in Para 9 are on record. Affidavit of Bommie Kersasp Wadia, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 24.10.2024