Jehangir Cawas Mody v. Khirmin Dinsha Bharucha
SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 16th December, 2025 CALLED FOR HEARING :
TP/3234/2025 (E-filing) WITH WILL/1239/2025 Ms. Avantika Mehandiratta i/b. Veritas 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 Jehangir Cawas Mody being one of the Executors named under the Will of deceased. The deceased namely Khirmin Dinsha Bharucha died at Mumbai on 23.06.2023. 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 21.09.2018. 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 Jamshed Dinshaw Patel has renounced his rights to act as Executor and Affidavit dated 04.02.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 21 of the Will.
3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased was survived by four daughters 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 Dr. N. A. Lalkaka dated 04.02.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 25.08.2025 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.
16.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR