Nergish Kersi Dubash ANR ANR v. Kersi Erachshaw Dubash (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 18th June, 2025 CALLED FOR HEARING :

TP/5287/2024 (E-filing) Ms. Alfiya Diamondwala i/b. Diamondwala Fatima Aftab, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Nergish Kersi Dubash, Darab J. Bajina and Behram Darab Bajina being Executors named under the Will of deceased. The deceased namely Kersi Erachshaw Dubash died at Mumbai on 21.11.2019. 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 07.05.2013. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only three Executors appointed under the Will who all are petitioners herein.

3. Ld. Advocate for petitioner submits that deceased had two sons and two daughters. Son of deceased namely Erach Dubash died on 23.07.2023 leaving behind his widow and two sons. Deceased was survived by widow, one son, two daughters, one daughter-in-law and two grandsons. 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 Daryas D. Cooper dated 11.11.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 10.01.2025 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. 18.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG