Bombay High CourtTP/4024/2025grant issued

Shabbir Kurban Husain Chopra Alias Shabbir Kurbanhusain Chopra v. Sakina Ben Kurban Hussain Chopra (Deceased)

2026-03-18Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 18th March, 2026 CALLED FOR HEARING :

TP/4024/2025 (E-filing) WITH WILL/1613/2025 Mr. Jayesh Patel i/b. M/s. Husain Kapasi, 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 Shabbir Kurban Husain Chopra, being sole Executor named under the Will of deceased. The deceased namely Sakina Ben Kurban Hussain Chopra died at Mumbai on 21.01.2014. 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 13.05.2013. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will. The schedule I refers to only one property refers in para 5 page 4 of the Will.

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

4. Petitioner's oath is filed. Petitioner has filed Additional Affidvit dated 10.02.2026 stating therein that both the original Attesting Witnesses are not available hence, petitioner has filed Affidavit of Juzar Yusuf Soni as Attesting Witness dated 10.02.2026 in compliance of provisions of Rule 384 of Bombay High Court (Original Side) Rules, 1980. Affidavit of Service of General Citation dated 29.10.2025 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.

18.03.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG