Bombay High CourtTP/5121/2024grant issued

Rukshad S Hahrukh Mody v. Mani Noshir Mody (Deceased)

2025-05-08Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

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

TP/5121/2024 (E-filing) Ms. Kanchan Pamnani, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament alongwith two Codicils of deceased filed by petitioners namely Rukshad Sharukh Mody and Danush Sharukh Mody being Executors named under the Will of deceased. The deceased namely Mani Noshir Mody died at Mumbai on 08.06.2024. 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 her last Will and Testament which was duly executed at Pune on 05.10.2000 and First Codicil was duly executed at Pune on 27.03.2019 and the same was registered on 28.03.2019 and Second Codicil was duly executed at Pune on 22.06.2022. The said Will, First Codicil as well as Second Codicil are in English language. Will has appointed son of deceased as an Executor namely Sharukh Noshir Mody however, he expired on 14.09.2023. There is no change in First Codicil for appointment of Executor. The Para No. 1 of the Second Codicil refers to the appointment of two grandsons as Executors of the Will who are petitioners herein.

3. Ld. Advocate for petitioner submits that parents, husband and only son of deceased predeceased the deceased. Wife of son of deceased also predeceased the deceased. Deceased was survived by two grandsons who are petitioners herein. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of Jayant Luthra and Meera Luthra both dated 11.10.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Jamshed J. Contractor dated 01.05.2025 one of the the Attesting Witness to the First Codicil is filed. Affidavit of Umesh Subhash Kothawade dated 16.04.2025 one of the the Attesting Witness to the Second Codicil is filed. Affidavit of Service of General Citation dated 18.11.2024 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.

08.05.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR