← Library
Bombay High CourtTP/3743/2024grant issued

Katayun Shehzad Irani v. Franak Keki Irani (Deceased)

2024-10-23Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd October, 2024.

CALLED FOR COMPLIANCE :

56. TP/3743/2024 [Original] (ECHCBM02079592023) with WILL/1475/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Santosh Ganesh Mahadik, Advocate for the Petitioner.

P.C.:

1. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Katayun Shehzad Irani, being one of the Executrix named under the Will of the deceased. Deceased Franak Keki Irani, said to have died at Mumbai on 02.01.2022. 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. Mr. Mahadik, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai, on 21.01.2020. The said Will is in English language.

3. Mr. Mahadik, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the parents, parents of the husband of the deceased and husband of the Deceased pre-deceased the Deceased.

Exhibit - D is the copy of death certificate of the husband of the deceased. The deceased died as widow. The deceased had only one daughter and 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.

The other Executrix, Trupti Murlidhar, has filed her Affidavit dated 03.07.2024 renouncing her right as Executrix. Consent Affidavit of daughter of the deceased as mentioned in para - 8 is on record. Affidavit of Lily Faustin Mendonca, 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.

23.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master