Bijal Vikram Sheth v. Khushroo Jamshedji Panthaky (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 15th October, 2024.

CALLED FOR COMPLIANCE :

55. TP/4066/2024 [Original] (ECHCBM02119142024) with WILL/1610/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Armaity Khushrushahi, 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 Bijal Vikram Sheth, being the Sole Executor named under the Will of the deceased. Deceased Khushroo Jamshedji Panthaky also known as Khushroo J.

Panthaky, also known as K. J. Panthaky, also known as Khushroo Panthaky, said to have died at London on 02.01.2018. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Driving License is annexed to the Petition.

2. Ms.

Khushrushahi, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at London, on 08.11.2017. The said Will is in English language.

3. Ms. Khushrushahi, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted the parents of the deceased have predeceased the deceased. The Deceased is survived by his widow Mrs. Roshni Khushroo Panthaky and this married daughters Mrs. Farah McStavick and Mrs. Deena Lamela-Panthaky. The

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Deceased had no other sons or daughters. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner like the Deceased lives in London, UK and it has taken him some time to find out what the Deceased's estate in India was, and get information about the same. The Petitioner therefore submits that the delay in filing this Petition ought to be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of one daughter of the deceased as mentioned in para - 9 is on record. There is Affidavit of service dated 10.10.2024 filed by Sheriff office showing service upon non-consenting wife and daughter of the deceased as mentioned in para - 9. Affidavit of Deepak Manghnani, one of the attesting witnesses 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.

15.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master