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Bombay High CourtTP/2728/2025grant issued

Deena Price v. Perin Jameshd Moos

2025-12-19Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 19th December, 2025 CALLED FOR HEARING :

TP/2728/2025 (E-filing) WITH WILL/1057/2025 Mr. Pranav Kokje i/b. Simran Dani, 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 Deena Price being one of the Executors named under the Will of deceased. The deceased namely Perin Jamshed Moos died at Mumbai on 05.09.2024. 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 24.07.2023. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Feroze Jamshed Moos has renounced his rights to act as Executor and Affidavit dated 13.09.2024 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 4 of the Will.

3. Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. Deceased was survived by one son and one daughter. Out of them daughter is petitioner herein and son has given his consent in favour of the petitioner herein. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of Meher Percy Balsara dated 28.02.2025 and Percy Dossabhai Balsara dated 28.02.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 25.09.2025 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.

19.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR