Mehernosh Rustom Sidhwa v. Dhun Rustom Sidhwa (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 4th April, 2025 CALLED FOR COMPLIANCE :

TP/4657/2024 (E-filing) Ms. Susan Mary Abraham, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Dr. Mehernosh Rustom Sidhwa being sole Executor named under the Will of deceased. The deceased namely Dhun Rustom Sidhwa died at Mumbai on 02.07.1998. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 18.11.2024 for dispensation of identification proof of deceased. The same is accepted.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 17.08.1997. The said Will is in English language.

3. Ld. Advocate for petitioner submits that deceased was survived by two sons and one daughter. Out of them son is petitioner herein and all other legal heirs have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Firdaus Phiroze Bativala dated 19.07.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 11.11.2024 is filed through Bailiff from the office of Sheriff, Mumbai. 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. 04.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR