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Bombay High CourtTP/3703/2025grant issued

Rayaan Cyrus Gandhy v. Sherna Russy Gandhy

2025-12-10Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 10th December, 2025 CALLED FOR HEARING TP/3703/2025 (E-filing) WITH WILL/1412/2025 Mr. Kaustubh M. Raut i/b. Amit Nikam, 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 petitioners namely Rayaan Cyrus Gandhy and Jehangir Spencer being Executors named under the Will of deceased. The deceased namely Sherna Russy Gandhy died at Mumbai on 28.04.2023. 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 01.11.2022. The said Will is in English language. The 3rd para of the Will refers to the appointment of Executors. Only two Executors appointed under the Will who are petitioners herein. Residuary clause in respect of properties of deceased is mentioned at 2nd last para of the Will.

3. Ld. Advocate for petitioner submits that father of deceased predeceased the deceased. Deceased died as spinster. Brother of deceased namely Cyrus Russy Gandhy predeceased the deceased leaving behind three sons. Deceased was survived by mother and three nephews. Out of them one nephew is petitioner No.1 herein and mother and two nephews have given their consents in favour of petitioners herein. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of Penaaz Damania and Shobha Shah dated 28.08.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 10.09.2025 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.

10.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR