Bombay High CourtTP/4335/2024grant issued

Thrity Dinsha Bharucha v. Homai Nadir Modi (Deceased)

2024-10-25S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th October, 2024.

CALLED FOR COMPLIANCE :

43. TP/4335/2024 [Original] (ECHCBM02109322024) with WILL/1728/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Simon Mascarenhas i/b Mulla and Mulla and CBC, Advocate for Petitioners.

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 Thrity Dinsha Bharucha alias Thrity Faredoon Mehta, and Perceus Minoo Shroff, being the Executors named under the Will of the deceased. Deceased Homai Nadir Modi alias Homai N. Modi alias, H. N. Modi alias Homai Modi, alias H. Modi, said to have died at Mumbai on 25.03.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Mascarenhas, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 26.12.2012. The said Will is in English language.

3. Mr. Mascarenhas, Advocate for Petitioners submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the parents of the deceased pre-deceased the deceased. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4. Petitioners' Oath are filed.

Consent Affidavits of husband, two sons and daughter of the deceased as mentioned in para - 9 are on record. Affidavit of Noshir Jehangir Sethna, 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.

25.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master