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Bombay High CourtTP/5252/2025grant issued

Kashmira Mehernosh Kapadia v. Late Daulat Pohchaji Munsiff

2026-02-13Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13th February, 2026 CALLED FOR HEARING :

TP/5252/2025 (E-filing) WITH WILL/1798/2025 Mr. Nilam Gupta i/b. Aditya Bhatt, 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 Kashmira Mehernosh Kapadia being Executrix named under the Will of deceased. The deceased namely Daulat Pohchaji Munsiff died at Mumbai on 07.10.2019. 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 14.11.2015. The said Will is in English language. The 2nd para of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at page No. 2 of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Deceased had one brother who died leaving behind one daughter and two sons. His one son namely Farrokh died, leaving behind his widow and one daughter. Deceased was survived by one nephew, one niece, one grandniece and wife of the nephew. Out of them niece is petitioner herein and all other legal heirs 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 Thedore Paul Seager dated 27.03.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 03.01.2026 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.

13.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR