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Bombay High CourtTP/5579/2024grant issued

Sharukh Yusuf Sartan v. Kety Yusuf Sartan Alias Khurshida Yusuf Sartan (Deceased)

2025-06-24Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 24th June, 2025 CALLED FOR HEARING :

TP/5579/2024 (E-filing) Ms. S. K. Kapadia i/b. Mulla and Mulla Craigie Blunt and Caroe, 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 petitioner namely Sharukh Yusuf Sartan being sole surviving Executor named under the Will of deceased. The deceased namely Kety Yusuf Sartan died at Mumbai on 28.06.2024. 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 Mumbai on 05.05.2010. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will. Another executor namely Aspy Dinshah Anklesaria died on 29.04.2018 and averment to that effect is in para No. 6 of the petition and copy of his death certificate is annexed to the petition as Exhibit - "C" hence, petitioner is sole surviving executor.

3. Ld. Advocate for petitioner submits that parents, husband and grandparents of deceased predeceased the deceased. Deceased was survived by one son who is petitioner herein. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Homiar Nariman Vakil dated 07.10.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 18.01.2025 is filed. Administration Bond dated 03.05.2025 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. 24.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG