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Bombay High CourtTP/5678/2024grant issued

Shakeel Durazi Son Of Mohammed Jaffer v. Symeen Sayed Badar Alavi Alias Seemin Taj Alavi Alias Symin Taj Alavi (Deceased)

2025-05-06Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 6th May, 2025 CALLED FOR HEARING :

TP/5678/2024 (E-filing) Ms. Jyoti Badgujar i/b. Lakdwala and Co., 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 Shakeel Durazi s/o. Mohammed Jaffer being sole Executor named under the Will of deceased. The deceased namely Symeen Sayed Badar Alavi said to have died at Mumbai on 22.04.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 21.03.2023. The said Will is in English language. The Para No. 4 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.

3. Ld. Advocate for petitioner submits that deceased died issue-less. Husband of deceased died on 28.01.2023. Grandparents, Parents and husband of deceased predeceased the deceased. One brother and one married sister of deceased predeceased the deceased. Deceased left no other legal heirs save and except legal heirs of predeceased brother and sister. The details are mentioned in para No. 8 of the petition. Consent Affidavits are filed by all the legal heirs mentioned in the para No. 8 of the petition in favour of petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Khadija Ebrahim Javan dated 22.10.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 02.01.2025 is filed. Administration Bond dated 04.01.2025 is filed separately through e-filing. 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.

06.05.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG