Bombay High CourtTP/4471/2024grant issued

Hilloo Pervez Mistry v. Late Pervez Homi Mistry (Deceased)

2024-11-12Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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

CALLED FOR COMPLIANCE :

47. TP/4471/2024 [Original] (AMH20230059200C202400001) with WILL/1777/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Manashree Engineer i/b Gordhandas and Fozdar, 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 and Codicil of the deceased filed by the Petitioner Hilloo Pervez Mistry, being the Sole Executrix named under the Will of the deceased.

Deceased Pervez Homi Mistry, said to have died at Mumbai, on 17.04.2023. 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. Ms. Engineer, Advocate for the Petitioner submits that deceased left behind him last Will and Testament and Codicil which were duly executed at Mumbai on 10.07.2007 and 05.01.2011 respectively. The said Will and Codicil are in English language.

3. Ms. Engineer, Advocate for the Petitioner 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 - 10, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of son and married daughter of the deceased as mentioned in para - 10 are on record. Affidavit

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) of Percy Adi Medhora, one of the attesting witness to the Will and Codicil are 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