Farzana Sarosh Parakh v. Nafisa Hussein Ali Abdul Hussein (Deceased)

Ksa Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th February, 2025.

CALLED FOR HEARING :

21 TP/5069/2024 AMH20240128768C202400 002) with WILL/2020/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Swati P. Mathkar, 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 Farzana Sarosh Parakh the Sole Executrix named under the Will of the deceased. Deceased Nafisa Hussein Ali Abdul Hussein alias Nafisa Jariwala alias Nafisa Abdul Hussain alias Nafisa Hussein Ali alias Nafisa Hussain alias Nafisa Husain alias Nafisa S Jariwalla, said to have died at Mumbai on 29.05.2024. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Ms. Swati P. Mathkar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 17.05.2024. The said Will is in English language.

3. Ms. Swati P. Mathkar, Advocate for the Petitioner submits that deceased was governed under the Islamic Law, applicable to Dawoodi Bohra, Shia, the following persons. It is submitted that the parents of the deceased have predeceased the deceased. The Grandparents of the deceased on maternal and paternal-side have predeceased the deceased.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) That the marriage solemnized between the deceased and Saifuddin Taiyabbhai Jariwala, was dissolved by Decree of Divorce, long back. The Petitioner is not aware about the date of said Decree of Divorce nor having any copy of said Decree. That said Saifuddin Taiyabbhai Jariwala has died on 3rd October 2017.

Annexed hereto and marked as Exhibit "D" is a copy of Death Certificate of said Saifuddin Taiyabbhai Jariwala. Hence, it is now not necessary to annex or produce said Decree of Divorce. That the above named deceased has no Son and no other Daughter. Save and except those mentioned hereinabove, there are no other legal heirs of the deceased. Save and except as mentioned in para - 10, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of legal heirs in para - 8 are on record. Affidavit of Bhushan Jayawant Shinde, one of the attesting witness to the Will is filed. Affidavit of service dated 26.11.2024 and 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.

06.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master