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Bombay High CourtTP/4640/2025grant issued

Sohrab Nowshir Setna v. Nowshir Jehangir Setna

2025-11-21Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 21st November, 2025 CALLED FOR HEARING :

TP/4640/2025 (E-filing) Mr. Abdul Rehman Ansari i/b. Sean Wassoodew, Advocate for petitioners 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 Sohrab Nowshir Setna and Ratan Bahadur Postwalla being Executors named under the Will of deceased. The deceased namely Nowshir Jehangir Setna died at Mumbai on 05.05.2024. 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 his last Will and Testament which was duly executed at Mumbai on 21.07.2019. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Both the petitioners are executors and remaining executor namely Dhun Setna died on 17.03.2025 and copy of death certificate is annexed to the petition as Exhibit - "F". Residuary clause in respect of properties of deceased is mentioned at para Nos. 5 and 6 of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Widow of deceased since deceased the deceased. Deceased was survived by one son who is petitioner No. 1 herein. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits and Additional Affidavits of Brendan F. Fernandes and Jehangir Moos dated 24.06.2025, 04.09.2025 and 14.07.2025, 08.09.2025 both the Attesting Witnesses to the Will are filed respectively. Affidavit of Service of General Citation dated 16.10.2025 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.

21.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR