Bombay High CourtTP/5408/2024grant issued

Feroz Kaiki Alpaiwalla v. Zarin Kaiki Alpaiwalla (Deceased)

2025-03-25Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 25th March, 2025 CALLED FOR HEARING :

TP/5408/2024 (E-filing) Mr. Sushil Inamdar i/b. Ajit Shrikhande, 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 Feroz Kaiki Alpaiwalla (son) and Toos Noshir Daruvala (son-in-law) both being sole Executors named under the Will of deceased. Deceased namely Zarin Kaiki Alpaiwalla alias Zarin K. Alpaiwalla alias Zarin Kaiki Alpiwala alias Zarin K. Alpawala alias Z.K. Alpaiwalla alias Z.K. Alpaiwala alias Zarin Kaikhushroo Alpaiwalla alias Zorin K. Alpaiwalla alias Zarin Keki Alpaiwalla alias Zarine Kaiki Alpaiwalla, alias Zarine K Alpaiwalla said to have died at Mumbai on 02.01.2020. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is annexed to the petition.

2. Ld. Advocate for petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 10.03.2008. The said Will is in English language.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Husband of deceased namely Kaiki Rustom Alpaiwalla died on 06.11.2000. Deceased died as widow. Deceased was survived by one son and one married daughter. Out of them son is petitioner No. 1 herein and daughter 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 Kaiwan Kalyaniwalla dated 29.11.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 20.01.2025 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. 25.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG