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Bombay High CourtTP/3661/2024grant issued

Avaan Gieve Patel v. Dr Gieve Gustad Patel (Deceased)

2024-10-10Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th October, 2024.

CALLED FOR COMPLIANCE :

28. TP/3661/2024 [Original] (ECHCBM02108232024) with WILL/1434/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Mahesh B. Karule, 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 Avaan Gieve Patel, being the Sole Executrix named under the Will of the deceased. Deceased Dr. Gieve Gustad Patel, said to have died at Pune on 03.11.2023. 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. Mr. Karule, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 07.11.2007. The said Will is in English language.

3. Mr. Karule, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the parents and wife of the deceased pre-deceased the deceased. Exhibit - D is the copy of death certificate of the wife of the deceased. Deceased died as a widower. The said Deceased had only one daughter, i.e., Ms. Avaan Gieve Patel, the Petitioner herein and had no son. Save and except as mentioned in

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) para - 8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Affidavit of Pervien Shahrukh Irani, one of the attesting witness 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.

10.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master