Bombay High CourtTP/5420/2024grant issued

Farokh Rusi Buhariwalla v. Rusi Jahangir Buhariwalla Alias Rusi J Buhariwalla (Deceased)

2025-02-06Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

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

CALLED FOR HEARING :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar i/b. Lakdawala & Co, Advocate for the Petitioner.

27 TP/5420/2024 AMH20240129954C2024 00067)with WILL/2175/2024 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 Farokh Rusi Buhariwalla the Sole Executor named under the Will of the deceased. Deceased Rusi Jehangir Buhariwalla alias Rusi J. Buhariwalla alias Rusi Buhariwalla, said to have died at Nova Scotia, Canada on 20.08.2022.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of passport is annexed to the Petition.

2. Ms. Jyoti Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 07.04.2013. The said Will is in English language.

3. Ms. Jyoti Badgujar, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925. It is submitted that the said Deceased had NO Daughter he died leaving behind 2 Sons as his only heirs. The WIFE of the Deceased Mrs. Sheroo Rusi Buhariwalla expired on 08-01-2013. Copy of the death certificate is annexed as Exhibit "D". The PARENTS of the Deceased pre-deceased the Deceased. The said Deceased left no other

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) heirs. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of the legal heirs in para - 8 are on record. Affidavit of STEVEN DAVID SAXON, one of the attesting witness to the Will is filed. Affidavit of service of 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