Kekobad Dossabhoy Doongriwalla v. Daulat Ratan Deboo

P14.TP.2712.2025 HARSHADA SAWANT ( P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE TESTAMENTARY AND INTESTATE JURISDICTION JURISDICTION TESTAMENTARY PETITION NO. 2712 OF 2025 TESTAMENTARY PETITION NO. 2712 OF 2025 WITH WITH WILL NO.1044 OF 2025 WILL NO.1044 OF 2025 Daulat Ratan Daboo .. Deceased Dr. Kekobad Dossabhoy Dongriwalla .. Petitioner ....................

 Mr. Balchandra Saraf, Advocate for the Petitioner. ...................

CORAM : MILIND N. JADHAV, J.

DATE : NOVEMBER 12, 2025 P.C.

:

1.

Not on Board. Mentioned by way of praecipe dated 12.11.2025. Perused praecipe.

2.

Heard Mr. Saraf, learned Advocate for Petitioner. 3.

This Testamentary Petition seeks issuance of probate in respect of the last Will and Testament dated 02.05.2017 of deceased Daulat Ratan Daboo who expired on 16.08.2017 at Mumbai. Petition is filed by the Executor. Apart from the Petitioner, the details of other legal heirs are stated in paragraph No.9 of the Petition. Consent Affidavits dated 14.02.2025, 18.08.2025, of the said legal heirs are appended to Petition. Citations to two non - consenting legal heirs have been dispatched and appropriate Affidavit of Service is appended to Petition. It is seen that no Caveat

is filed by non - consenting legal heirs within the stipulated time as informed by the Learned Advocate for Petitioner.. 4.

The Affidavits of the attesting witnesses are appended to the Petition.

5. The Executors' oath is at page Nos. 17 to 19 of the Petition. I have perused the same. The same is in order.

6. In view of the above, there can be no impediment in allowing the Petition. Hence, Petition stands allowed in terms of prayer clause which reads thus:- "The Probate may be granted to the Petitioner having effect throughout the state of Maharashtra."

7.

The Testamentary Department is directed to issue grant / probate to the Petitioner within a period of six weeks from today, subject to all requisite compliances and strictly in accordance with law.

8.

Issuance of proclamation, if any, stands dispensed with. 9.

Testamentary Petition is disposed.

[ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.11.12 16:02:06 +0530 HARSHADA HANUMANT SAWANT