Behram Burjorji Khambatta And ANR v. Mani Dhunjishaw Fanibanda (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 18th June, 2025 CALLED FOR HEARING :

TP/1130/2025 (E-filing) Mr. Shishir Tejpal i/b. Dushyant Tejpal, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament alongwith Codicil of deceased filed by petitioner namely Behram Burjorji Khambatta and Burjor Edulji Banaji being Executors named under the Will of deceased. The deceased namely Mani Dhunjishaw Fanibanda died at Ahmedabad on 07.06.2024. 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 20.03.2009 and the Codicil was duly executed at Mumbai on 08.11.2009. The said Will and Codicil are in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will who both are petitioners herein.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased died issue-less. Deceased was survived by one sister, five nieces and one nephew who all have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Shishir R. Tejpal dated 18.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 16.04.2025 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.

18.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR