Kamal Rastom Mody v. Rastom Minocher Mody (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 8th April, 2025 CALLED FOR COMPLIANCE :

TP/5037/2024 (E-filing) Mr. Pervez M Rustomkhan, 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 Kamal Rastom Mody being one of the Executrices named under the Will of deceased. The deceased namely Rastom Minocher Mody died at Mumbai on 02.01.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 06.07.2021. The said Will is in English language. Petitioner is one of the executrices and another executors namely Tehimi Rastom Mody and Maneck Rastom Mody have reserved their rights to come and apply for Probate later on and Affidavits dated 20.09.2024 are filed to that effect.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow, one son and two daughters. Out of them widow 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 Sorab Faramroze Shroff dated 10.06.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 30.12.2024 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. 08.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG