Mahesh Mohan Advani v. Shirin Sorab Vaid (Deceased)

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

CALLED FOR COMPLIANCE :

51. TP/4476/2024 [Original] (AMH20210045082C202400004) with WILL/1781/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Rahul P. Jain, 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 Mahesh Mohan Advani, being one of the Executors named under the Will of the deceased. Deceased Shirin Sorab Vaid, said to have died at Mumbai on 18.03.2024. 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. Jain, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 20.02.2014. 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 died as widow. The son of the deceased viz. Noshir Sorab Vaid, died as bachelor and Exhibit - "F" is the copy of his death certificate. The deceased had no other Son and no other Daughter. Save and except

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed.

The other Executors, Rashna Seriar Vaid, has predeceased the deceased on 19.12.2023 and Shireen Ardeshir Bagwadia, has filed her Affidavit dated 20.08.2024 renouncing her right as Executor. The Ld. Advocate for the Petitioner undertakes to upload the death certificate of Rashna Seriar Vaid within one week from the date of uploading of the order. Consent Affidavits of two married daughters of the deceased as mentioned in para - 8 are on record. Affidavit of Shireen Ardeshir Bagwadia, 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