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Bombay High CourtTP/29/2026grant issued

Khurshid Mehernoz Italia v. Villoo Rusi Wadia Nee Villoo Darabshaw Kavarana

2026-02-17Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17th February, 2026 CALLED FOR DIRECTION :

TP/29/2026 (E-filing) WITH WILL/8/2026 Ms. Bina Shivhare, 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 Khurshid Mehernoz Italia being Executor named under the Will of deceased. The deceased namely Villoo Rusi Wadia died at Pune on 17.04.2025. 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 04.04.2013. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Petitioner is one of the executor and other executors namely Mahrukh Rusi Wadia and Tehmurasp Rusi Wadia have reserved their rights to act as Executors and Affidavit dated 06.11.2025 and 08.11.2025 are filed to that effect respectively. Residuary clause in respect of properties of deceased is mentioned at para No. 6 of the Will.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased was survived by one son and two daughters. Out of them one daughter is petitioner herein and another daughter and son have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Seem Ronge dated 20.11.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 29.01.2026 is filed. Delay is explained and the same is condoned. 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.

17.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR