Aban Firoze Hirjikaka v. Bunny Kaikobad Antia (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th November, 2024.

CALLED FOR COMPLIANCE :

40. TP/4456/2024 [Original] (AMH20240126755C20240 0002) with WILL/1770/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Laxman Jain i/b Yogesh Adhia, 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 Aban Firoze Hirjikaka, being one of the Executors named under the Will of the deceased. Deceased Bunny Kaikobad Antia, said to have died at Mumbai on 08.12.2008. 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. Jain, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 25.09.2002. The said Will is in English language.

3. Mr. Jain, 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 husband of the Deceased pre-deceased the Deceased. Exhibit - E is the copy of death certificate of the husband of the deceased. The deceased left two daughters. 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 in about March - April 2024, the Petitioner desired to sell and transfer 24% out of her 50% undivided share,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) right, title and interest in the said Flat to her brother in law, i.e. Mr. Keku Mistry. Mr.Keku Mistry informed the Petitioner that he has been advised that the Petitioner should apply for and obtain Probate of the Will of the deceased. Accordingly, the Petitioner has agreed to apply for and obtain Probate in respect of the Will of the deceased, as a part of the understanding for the sale and transfer of 24% out of her 50% undivided share, right, title and interest in the said Flat to Mr. Keku Mistry. Hence, the Petitioner is now approaching this Hon'ble Court for the grant of Probate in respect of the Will of the deceased. The Petitioner, therefore, prays that the delay in filing of the present Petition be condoned by this Hon'ble Court. Thus, the delay is explained.

4. Petitioner's Oath is filed. The other Executrix, Mrs. Roshan Frarnroze Vatcha, sister of the above Deceased has expired on 21.05.2021 and Exhibit - C is the copy of her death certificate. The remaining third Executrix, Ms. Ruzbeh Antia, married daughter of the deceased has filed her Affidavit dated 09.08.2024 reserving her right as Executrix. Consent Affidavit of married daughter of the deceased as mentioned in para - 8 is on record. Affidavit of Pritesh Vasant Bhagat, 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.

12.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master