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Bombay High CourtTP/2534/2025grant issued

Farokh Shavaksha Todywalla v. Nergish Sorabji Daruwalia Alias Nergish Sorabji Daruwala

2026-02-06Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 6th February, 2026 CALLED FOR HEARING :

TP/2534/2025 (E-filing) WITH WILL/975/2025 Mr. Sagar Sable i/b. Tulsi Shah, 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 Farokh Shavaksha Todywalla being sole Executor named under the Will of deceased. The deceased namely Nergish Sorabji Daruwalla died at Mumbai on 15.07.2021. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 02.12.2008. The said Will is in English language. The Para No.1 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. The Schedule I annexed to the petition refers to one immovable property, debts and securities which is mentioned in the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. One brother of deceased namely Homi predeceased the deceased, who died leaving behind one son and two daughters. Deceased was survived by one nephew and two nieces who all 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 Shirish Shah dated 12.03.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 09.07.2025 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.

06.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR