Darius Rashid Darabi v. Rashid Jehangir Darabi

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 28th November, 2025 CALLED FOR HEARING :

TP/4596/2025 (E-filing) Ms. Sapna Sharma i/b. K Ashar 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 petitioners namely Darius Rashid Darabi and Kuresh Rashid Darabi being Executors named under the Will of deceased. The deceased namely Rashid Jehangir Darabi died at Mumbai on 17.12.2008. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 03.06.2004. The said Will is in English language. The 2nd para 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. VII of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Widow of deceased since deceased the deceased. As per para No. 8 of the petition, deceased was survived by three sons, one daughter and two granddaughters. Out of them two sons are petitioners herein and remaining son, daughter and two granddaughters 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 Tehmul Dalal dated 06.06.2025one 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.

28.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR