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Bombay High CourtTP/5010/2025grant issued

Rafiq Kassamally Dossani v. Rashida Kassamally Dossani

2025-12-03Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 3rd December, 2025 CALLED FOR HEARING :

TP/5010/2025 (E-filing) Mr. S. U. Lakdawala a/w. Jyoti Badgujar, 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 Rafiq Kassamally Dossani being one of the Executors named under the Will of deceased. The deceased namely Rashida Kassamally Dossani died at Mumbai on 27.08.2022. 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 her last Will and Testament which was duly executed at Mumbai on 20.07.2012. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executrix namely Nargis Ahmed Currim has reserved her rights to act as Executrix and Affidavit dated 23.07.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 7 of the Will.

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

4. Petitioner's oath is filed. Affidavit of Bimal Prabhudas Panchmatia dated 14.07.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 04.11.2025 is filed. Delay is explained and the same is condoned. 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.

03.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR