Jennifer Rustom Thanawaiia, v. Rustom Hirji Thanawalla (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 03rd February, 2025.

CALLED FOR HEARING:

8. TP/5010/2024 [Original] (AMH20230026409C202400002) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Gibbs Robert Tony, 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 Jennifer Rustom ThanawaIIa being one of the Executor named under the Will of the deceased. Deceased Rustom Hirji Thanawalla, said to have died at Mumbai on 15.08.2024. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Tony, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 17.09.2023. The said Will is in English language.

3. Mr. Tony, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925. It is submitted that the parents of the deceased pre-deceased the deceased. The deceased had no Son. The deceased had no other daughter. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. The remaining Executor, Dale Joseph Gerard Alvares, Aneeta

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Rustom Thanawalla, Ayesha Rustom Thanawalla and Rashne Rustom Thanawalla have renounce their rights by filing Affidavit dated 08.09.2024 renouncing their rights as Executor. The Ld. Advocate for the Petitioner to mention the renouncing right of the Executors in the prayer clause of the Petition within three days from the date of uploading of the order. Re-verification is dispensed with. Consent Affidavits of three daughters of the deceased as mentioned in para - 9 are on record. Affidavit of Janelle Murzello, 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.

03.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master