Dinyar Firoz Sutaria v. Aloo Rusi Dubash

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 20th February, 2026 CALLED FOR HEARING :

TP/4278/2025 (E-filing) WITH WILL/1669/2025 Ms. Bhagyashri Ranade i/b. Juilee Ghadge, Advocate for petitioners PC : 1. Perused Petition. Heard Ld. Advocate for petitioners. This petition is for Probate of last Will and Testament of deceased filed by petitioners namely Dinyar Firoz Sutaria and Percy Firoz Sutaria being Executors named under the Will of deceased. The deceased namely Aloo Rusi Dubash died at Mumbai on 13.03.2025. 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 25.05.2023. 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 who are petitioners herein. Residuary clause in respect of properties of deceased is mentioned at para No. 9 of the Will.

3. Ld. Advocate for petitioners submits that parents and husband of deceased predeceased the deceased. Deceased died issue-less. Deceased had no brother and sister. Mother of deceased had two sisters and one brother. One sister of mother of deceased died as spinster. Another sister of mother of deceased namely Soonamai died leaving behind two sons. Brother of mother of deceased namely Noshir died however, there are no surviving legal heirs as per para No. 8 of the petition. Petitioners are not aware about the any of the relatives or legal heirs from the paternal side of deceased. Therefore, petitioners have served the citation through newspaper publication and Affidavit of Service of Publication dated 21.01.2026 is filed to that effect. Deceased was survived by two cousins namely Homi and Jamshed as per para No. 8 of the petition who both 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 Darius M. Chothia dated 03.07.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 18.09.2025 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.

20.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG