Batool Khairaz v. Mahmoud Rajabaly Moloobhoy (Deceased)

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

TP/1197/2025 (E-filing) Ms. Shamiyana H. i/b. Arhat Legal, 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 Batool Khairaz being one of the Executors named under the Will of deceased. The deceased namely Mahmoud Rajabaly Moloobhoy died at Mumbai on 25.11.2024. 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 19.11.2022. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only two Executor appointed under the Will. Petitioner is one of the executors and another executor namely Husein Mahmoud Moloobhoy has filed Affidavit dated 10.12.2024 renouncing his rights as an executor.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by his widow, one son and two daughters. Out of them one daughter is petitioner herein and widow and son have given their consents in favour of the petitioner. Consent Affidavits are on record. The daughter of deceased namely Shaheen Faraz has been served with the citation through the office of Sheriff, Mumbai and Affidavit of Service dated 07.07.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of Rayasha S. Nensey and Samira Bachooali dated 10.01.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 24.04.2025 is filed. Administration Bond dated 05.07.2025 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.

24.09.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR