Zubin Soli Behramkamdin v. Dinoo Soli Behramkamdin (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 1st July, 2025 CALLED FOR HEARING :

TP/4526/2024 (E-filing) Mr. Milind Parab i/b. FZB Associates, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Zubin Soli Behramkamdin being one of the Executors named under the Will of deceased. The deceased namely Dinoo Soli Behramkamdin died at Mumbai on 13.11.2012. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Bank Passbook is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 02.06.1995. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executor. Only four Executors appointed under the Will. Petitioner is one of the executors and other executors namely Shirin Cyrus Gazder and Daisy Histap Contractor have filed Affidavit dated 28.12.2022 and 18.06.2024 for reserving their rights as an executors respectively. One of the executors namely Soli Peshotan Behramkamdin died on 19.08.2017, which is mentioned at para No. 5 of the petition.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Husband of deceased since deceased the deceased. Deceased was survived by one son and two daughters. Out of them son is petitioner herein and both the daughters have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs of deceased.

4. Petitioner's oath is filed. Affidavit of Noshir Jehangir Sethna dated 27.06.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 27.11.2024 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

01.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR