Cyrus Behram Nagporewalla v. Behram Maneckji Nagporewalla (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2nd July, 2025 CALLED FOR COMPLIANCE :

TP/1465/2025 (E-filing) Ms. Jyoti Badgujar a/w. Sana Varhadi i/b. Lakdawala and Co., Advocate for petitioners 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 Cyrus Behram Nagporewalla being one of the Executors named under the Will of deceased. The deceased namely Behram Maneckji Nagporewalla died at Mumbai on 03.06.2024. 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 his last Will and Testament which was duly executed at Mumbai on 03.01.2013. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executors. Only four Executors appointed under the Will. Petitioner is one of the executors and remaining three executors namely Dr. Gulestan Behram Nagporewalla, Yezdi Behram Nagporewalla and Rustom Behram Nagporewalla have reserved their rights to come and apply for probate later on and Joint Affidavit dated 17.03.2025 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow and three sons. Out of them one son is petitioner herein and widow and other two sons 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 Bharat Bhudaram Choudhary dated 06.03.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 02.04.2025 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. 02.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR