Kamal Minoo Palia v. Palia Dolly Minoo Alias Dolly Minoo Palia (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th February, 2025.

MENTIONED, NOT ON BOARD:

5. TP/4864/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Vivek V. Salunke, Advocate for the Petitioner. P.C.:

1. Today, this matter is mentioned before me for speaking to the minutes of order dated 04.02.2025.

2. Perused praecipe dated 10.02.2025. Heard Ld. Advocate for the Petitioner.

3. It is stated in the praecipe that in para - 3 of the order dated 04.02.2025, it is stated that the deceased was governed under "the Hindu Succession Act 1956" instead of "Indian Succession Act 1925 applicable to Parsis", since the deceased was a Parsi.

4. In view of above, order dated dated 04.02.2025 is corrected.

5. Praecipe dated 10.02.2025 is disposed of. For the sake of convenience, order dated 04.02.2025 read as under;

6. 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 Kamal Minoo Palia being the Sole Executor named under the Will of the deceased. Deceased Dolly Minoo Palia, said to have died at Pune on 02.02.2022. Copy of death certificate is annexed to the Petition. For

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

7. Mr. Tiwari, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Pune, on 17.03.2017. The said Will is in English language.

8. Mr. Tiwari, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Parsis. It is submitted that the brother of the Deceased Mr. Hoshang Minocher Pavri predeceased the deceased, Exhibit - 'D' to the Petition is a photo copy of the Death certificate. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

9. Petitioner's Oath is filed. Affidavit of Aspandiar Nari Kanga, 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.

10. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

10.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master