Dr Faroak Darabshaw Sanjana v. Rohinton Rusi Dastoor (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 1st April, 2025 CALLED FOR HEARING :

TP/4003/2024 (E-filing) Ms. S. Kapadia i/b. Mulla and Mulla and CBC, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioners namely Dr. Faroak Darabshaw Sanjana and Rohington Faroak Sanjana being sole Executors named under the Will of deceased. Deceased namely Rohinton Rusi Dastoor said to have died at Mumbai on 25.02.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. Ld. Advocate for petitioner submits that deceased left behind his last Will and Testament which was duly executed at Mumbai on 31.01.2024. The said Will is in English language.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as bachelor. Deceased had no brother and no sister. Paternal and maternal grandparents of deceased predeceased the deceased. Deceased was survived by legal heirs mentioned in para No. 8 of the petition. Paternal uncle of deceased namely Dinshaw Nozar Dastoor has been served by paper publication in two newspapers and Affidavit dated 10.12.2024 filed to that effect. Dr. Faroak Darabshaw Sanjana is petitioner herein and other remaining legal heirs namely Dr. Lily Deepak Walia, Noshir Minoo Jalnawala and Darayush Keki Jalnawala have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Rohinton Nariman Chaina dated 12.06.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 04.09.2024 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 01.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG