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Bombay High CourtTP/177/2026grant issued

Tanaz Nariman Kadwa v. Sam Rustomji Billimoria Alias Sam R Billimoria

2026-03-13Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13th March, 2026 CALLED FOR HEARING :

TP/177/2026 (E-filing) WITH WILL/126/2026 Ms. Jyoti Badgujar i/b. Lakdawala 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 Tanaz Nariman Kadwa being Executrix named under the Will of deceased. The deceased namely Sam Rustomji Billimoria died at Mumbai on 18.03.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 20.01.2003. 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 Executors and other executors namely Nariman Noshir Kadwa and Ketty Nariman Kadwa died as stated in para No. 5 of the petition. Residuary clause in respect of properties of deceased is mentioned at para No. 13 of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as bachelor. Deceased had one brother and three sisters. One sister of deceased namely Ketty Kadwa died leaving behind her two daughters. Deceased was survived by one brother, two sisters and two nieces. Out of them one niece is petitioner herein and all other legal heirs 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 Shilpa B. Thakar dated 22.12.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 04.02.2026 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.

13.03.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR