Rayomand Bommy Batiwala And Others v. Meher Bommy Batiwala (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 26th November, 2025 CALLED FOR HEARING :

TP/4280/2025 (E-filing) Mr. Dev Mehta i/b. Vashi and Vashi, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament alongwith Codicil of deceased filed by petitioners namely Rayomand Bommy Batiwala, Khushru Minoo Mistry and Khurshed Yazdi Daruwala being Executors named under the Will of deceased. The deceased namely Meher Bommy Batiwala died at Mumbai on 01.03.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition. Petitioner No. 1 has verified the petition through the Constituted Attorney who is petitioner No. 2 herein. Copy of Power of Attorney is annexed at page No. 70 of the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 25.12.2009 and the Codicil was duly executed at Mumbai on 02.02.2023. The said Will and Codicil are in English languages. The Para No. 1 of the Will refers to the appointment of Executors. Only three Executors appointed under the Will who are petitioners herein. Residuary clause in respect of properties of deceased is mentioned at para No. 6 of the Will.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased was survived by one son and two daughters. Out of them son is petitioner No. 1 herein and both the daughters have given their consents in favour of the petitioners. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Zenobia Farhad Unwala dated 13.09.2024 one of the Attesting Witness to the Will is filed. Affidavit of Hufrish Mehermosh Banji dated 13.09.2024 one of the Attesting Witness to the Codicil is filed. Affidavit of Service of General Citation dated 07.10.2025 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.

26.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR