Alinaqi Mohamed Hasan Fezi v. Batul Fezi A K A Batul Alinaqi Fezi A K A Batul A Fezi A K A Batul A M H Fezi (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17th June, 2025 CALLED FOR HEARING :
TP/4735/2024 (E-filing) Ms. Hetvi Gala, 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 Alinaqi Mohamed Hasan Fezi being sole Executor named under the Will of deceased. The deceased namely Batul Fezi died at Mumbai on 01.06.2011. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.
2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 19.05.2011. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.
3. Ld. Advocate for petitioner submits that parents and grandparents of deceased predeceased the deceased. Deceased was survived by her husband, one son and one daughter. Out of them husband 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 Jatin Virendra Shah dated 25.06.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 05.11.2024 and Administration Bond dated 08.05.2025 are filed. Delay is explained and the same is condoned. 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. 17.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR