Darayus Ratan Merchant v. Homi Behramji Ranji (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 21st March, 2025 CALLED FOR HEARING :
TP/5394/2024 (E-filing) Ms. Jyoti Badgujar i/b. Mulla Shrimaneck Naval, 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 petitioners namely Darayus Ratan Merchant, Yazad Farokh Pavri and Kayomaz Phiroze Lashkari all three being Executors named under the Will of deceased. Deceased namely Homi Behramji Ranji alias Homi B. Ranji alias Homi Behramji Ranji said to have died at Mumbai on 07.03.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.
2. Ld. Advocate for petitioner submits that deceased left behind his last Will and Testament which was duly executed at Mumbai on 01.09.2021. The said Will is in English language. All three petitioners are Executors named under the Will and other Executor namely Jamshed Burjor Jussawalla has renounced his rights for Probate and Execution of the Will hence, Affidavit of Renunciation dated 11.10.2024 is filed to that effect.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as bachelor. Deceased had no brother and had two sisters. One sister of deceased namely Arnavaz Sorab Mody died as widow on 12.03.2019. She died issue-less. Deceased was survived by one married sister only who has given her consent in favour of the petitioners. Consent Affidavit is on record. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Nergish Ratan Postwala dated 11.10.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 03.01.2025 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. 21.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
SLG