Roda Harmohan Ahluwalia v. Rustom Kaikhushru Banker - Deceased

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th September, 2024 CALLED FOR DIRECTION:

59. TP/3854/2024 Ms. Swati S. Mathkar, Adv. i/b. Shirish Mathkar, for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02132912024) with WILL/1526/2024 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 (1) Roda Harrnohan Ahluwalia,

(2) Dilnaz Dinsha Shroff and (3) Behroz Jehangir Rustomji being the surviving Executrices named under the Will of the deceased. Deceased Rustom Kaikhushru Banker alias Rustom Kaikhushroo Banker alias Rustom Kaikkhushru Banker alias Rustom K. Banker alias R. K. Banker alias Bankar Rustam, said to have died at Mumbai on 10.04.1999. Copy of Death Certificate is annexed to the Petition. Copy of Voter Id of the deceased as ID Proof is annexed to the petition.

2. Ms. Mathkar, Advocate for Petitioners submits that deceased left behind him 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. It is submitted that the parents of

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the deceased predeceased the deceased. The deceased has no Son and no other Daughter.

A copy of Death Certificate of Widow of the Deceased viz. Pilloo Rustom Banker is already annexed as Exhibit "C" to the Petition. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased. The Ld.

Adv. for the Petitioner 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. Affidavit of Ramesh P. Makhija, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 25.09.2024