Bombay High CourtTP/3876/2024grant issued

Farokh Minoo Hansotia v. Minoo Dosabhai Hansotia-Deceased

2024-09-25Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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

62. TP/3876/2024 Ms. Namrata Rayate, Adv. i/b. MG. Legal for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02087312024) with WILL/1533/2024 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 Farokh Minoo Hansotia being the sole Executor named under the Will of the deceased. Deceased Minoo Dosabhai Hansotia, said to have died at Mumbai on 14.01.2021. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Rayate, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 13.10.2019. The said Will is in English language.

3. Ms. Rayate, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act, 1925 applicable to Parsis. It is submitted that the Parents of the deceased predeceased the deceased.

Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that despite due and diligent search, the last will and testament

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) of the Deceased had not been traced earlier.

It was only in the month of December 2023 the said Will of the Deceased was traced.

Thereafter the particulars of the estate of the deceased were compiled, and the present Petition is filed. Hence the delay if any in filing this Petition is not deliberate, and therefore deserves to be condoned.

Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of wife of the deceased as mentioned in para 9 is on record. Affidavit of Bomi H. Hansotia, 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