Roda Harmohan Ahluwalia v. Pilloo Rustom Banker

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th October, 2024.

CALLED FOR COMPLIANCE :

37. TP/3853/2024 [Original] (ECHCBM02131642024) with WILL/1525/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Swati Mathkar i/b Shirish Mathkar, 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 Roda Harmohan Ahluwalia, Dilnaz Dinsha Shroff and Behroz Jehangir Rustomji being the Surviving Executors named under the Will of the deceased. Deceased Pilloo Rustom Banker alias Pilloo R. Banker alias Pilloo Rustam Banker, said to have died at Mumbai on 30.05.2007. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Ms. Mathkar, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 08.06.1995. The said Will is in English language.

3. Ms. Mathkar, Advocate for Petitioners submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsi Zoroastrian. It is submitted that the parents and husband of the Deceased, predeceased the deceased. Exhibit - C to the Petition is the copy of death certificate of the husband of the deceased. The deceased has no Son and no other Daughter. Save and except as mentioned in para - 8, there are no other legal heirs left

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) by the deceased. The Ld. Advocate for Petitioners submits that the Petitioners were unaware about the legal representation to be made for filing Petition and obtaining Probate. The Petitioners are recently advised to file this Petition for Probate. The delay, therefore, caused in filing this Petition, may be condoned. Thus, the delay is explained.

4. Petitioners' Oath are filed. The remaining Executor, Rustom Kaikkhushru Banker (husband of the deceased), has expired on 10.04.1999 and Exhibit - C to the Petition is the copy of his death certificate. Affidavit of Ramesh Pahlajrai Makhija, 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.

14.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master