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Bombay High CourtTP/3945/2025grant issued

Pesi Chaman Sethna v. Khorshed Kaikhashroo Guzder

2025-11-19Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

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

TP/3945/2025 (E-filing) Ms. Pooja Kharat i/b. Dahibawkar and Co., 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 Pesi Chaman Sethna being one of the Executors named under the Will of deceased. The deceased namely Khorshed Kaikhashroo Guzder died at Mumbai on 13.12.2024. 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 30.05.2018. The said Will is in English language. The Para No. 2 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 Viraf Pesi Sethna has renounced his rights to act as Executor and Affidavit dated 19.06.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 7 of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Deceased had one sister who predeceased the deceased, leaving behind her husband and one son. Deceased was survived by one brother-in-law and one nephew. Out of them brother-in-law is petitioner herein and nephew has given his consent in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of C. H. Sajeja dated 21.06.2025 and Kurush Jungalwalal dated 01.10.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 01.10.2025 is filed. 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.

19.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR