Parvez Boman Bam v. Phiroze Hormasji Kabraji (Deceased)

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

CALLED FOR COMPLIANCE :

62. TP/3966/2024 [Original] (ECHCBM02066922024) with WILL/1568/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Rajiv A. Jadhav, 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 Parvez Boman Bam, being the Sole Executor named under the Will of the deceased. Deceased Phiroze Hormasji Kabraji, said to have died at Mumbai on 22.01.2019. 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. Mr. Jadhav, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 25.04.2018. The said Will is in English language.

3. Mr. Jadhav, 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. Exhibit - C is the copy of death certificate of the wife of the deceased. There are no brothers and sisters. There no paternal and maternal grandparents. There are no half brothers and sisters and the lineal descendants of such of them. The deceased died issueless and did not have real brother / sisters. The deceased did not have uncle and /

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) or aunty. Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the deceased died on 22nd January, 2019 at Mumbai and the Petitioner is filing the Petition in the month of March, 2024, hence, there is a delay of two years in filing the aforesaid petition, the delay be condoned as the Petitioner is layman and did not know that the Probate of the Will is required but now advised to obtain Probate. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two nephews and one niece as mentioned in para -8 are on record. Affidavit of Carl Adale Patel, 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