Kashmera Minoo Marfatia v. Silloo Minoo Marfatia

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

TP/4358/2025 (E-filing) Ms. Farzeen P. Harver i/b. Mulla and Mulla and Craigie Blunt and Caroe, 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 Kashmera Minoo Marfatia being alternate Executor named under the Will of deceased. The deceased namely Silloo Minoo Marfatia died at Mumbai on 20.01.2024. 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 06.06.2021. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of three alternate Executors. Petitioner is second alternate executor. First Executor namely Kaiyomarz Minoo Marfatia has renounced his rights to act as Executor and Affidavit dated 04.04.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 9 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 one daughter. Out of them daughter is petitioner herein and son has given his consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Deenaz Jhabvala dated 04.04.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 13.10.2025 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