Jaishree Srichand Tourani v. Ishwari Srichand Tourani Deceased

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 20th February, 2025 FOR COMPLIANCE :

42. TP/3508/2024 [Original] (ECHCBM0210349 2024) P. C. :

Shri. Jayant Wani i/b Laxmi Mankar Ld. Advocate for the Petitioner 1.

Ld. advocate for the petitioner submits that the Will executed at Dubai, is not in accordance with the Law annexed to the praecipe dated 07.01.2024, uploaded on 09.01.2025. I have gone through the "Federal; Decree Law No. (20) of 2022 Regulating the Notary Profession". According to the Ld. advocate for the petitioner, it is available at "https://uaelegislation.gov.ae/en/legislation/ 1563"

2.

This Act is in respect of the Noatary's Function. As per sub-article 6 Article (4), the Notary has power to Notarize the Wills of Non-Muslims. Furthermore, as per sub-article 4 of the Article (8), the Notary has to engage the Specialized Interpreter of designate any person to provide assistance in respect of preparing minutes where person, making a Will, is afflicted with a disability that precludes him/her expression of a Will, in an ordinary manner.

3.

This Act is related with the Notary's act and Functions. Hence, what is ordinary manner, in which the Will is to be executed, required to be ascertained. 4.

In this regard, "Law No. (15) of 2017 Concerning Administration of Estates and Implementation of Wills of Non-Muslims in the Emirate of Dubai", is appeared to be relevant. It is also available on the same website, which is referred by Ld. Advocate for the petitioner.

5.

Hence, Ld. Advocate for the petitioner may go through it and assist on the point that whether the Will is executed in accordance with the provisions provided in the said Law. Furthermore, it would also be proper to go through the Original Will. Hence, same be produced on next date.

6.

S.O. to 07.03.2025 20.02.2025 Officer on Special Duty, with Testamentary Department