Bombay High CourtTP/4878/2025grant issued

Bilkis Akbar Merchant v. Akbar Huseinbhoy Merchant

2025-12-02Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2nd December, 2025 CALLED FOR HEARING :

TP/4878/2025 (E-filing) Ms. Mithali Shetty i/b. AMR Law, 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 Bilkis Akbar Merchant being one of the Executors named under the Will of deceased. The deceased namely Akbar Huseinbhoy Merchant died at Mumbai on 04.01.2024. 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 his last Will and Testament which was duly executed at Mumbai on 17.11.2011. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Petitioner is one of the executrices and other executrices namely Sophia Premjee and Soniya Perl have reserved their rights mentioned in the consent Affidavits dated 04.03.2025 and 16.03.2025 respectively while Affidavits for renouncing their rights are also filed separately. Hence, Advocate to take appropriate steps. Residuary clause in respect of properties of deceased is mentioned at para No. 8 of the Will.

3. Details of parents of deceased is not mentioned in para No. 8 of the petition. Ld. Advocate for petitioner submits that deceased was survived by his widow and two daughters. Consent Affidavits or Affidavit of Service of citation to be filed.

4. Petitioner's oath is filed. Affidavit of Adhiraj Harish dated 25.11.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 12.11.2025 is filed. Delay is explained and the same is condoned. Administration Bond is not filed.

5. Ld. Advocate for petitioner file an praecipe to place the matter on board as and when all compliance done and matter is completely ready for final grant. 02.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR