Bombay High CourtTP/3541/2024grant issued

Homai Khushru Patel v. Maharookh Sam Billimoria (Deceased)

2024-09-26Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th September 2024.

CALLED FOR COMPLIANCE :

66 TP/3541/2024 ECHCBM02127392024 with WILL/1396/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar i/b Lakdawala & Co., Advocate for Petitioners.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Homai Khushru Patel and Kayomarz Rusi Dastoor, being the Executors named under the Will of the deceased. Deceased Maharookh Sam Billimoria alias Maharookh S. Billimoria alias Maharookh Billimoria, said to have died at Mumbai on 05.12.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Badgujar, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 20.10.2011. The said Will is in English language.

3. Ms. Badgujar, Advocate for Petitioners submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the parents and parents of the husband of the Deceased, predeceased the deceased. The husband of the deceased expired on 08.02.2005 who predeceased the deceased and Exhibit - D to the Petition is the copy of his death certificate. The said Deceased died as issueless. The said Deceased had no brother and she had only two

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) married Sisters. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed.

The other Executrix, Kashmira Jimmy Wadia has reserved his right by filing Affidavit dated 27.05.2024. Consent Affidavit of married sister of the deceased as mentioned in para - 8 is on record. Affidavit of Farida Coover Contractor, one of the attesting witnesses 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.

26.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master