Adil Baria v. Nergish Fali Baria

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 6th January, 2026 CALLED FOR HEARING :

TP/5991/2025 (E-filing) WITH WILL/2218/2025 Ms. Prachi Shah i/b. AAK Legal, 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 Adil Baria being sole surviving Executor named under the Will of deceased. The deceased namely Nergish Fali Baria died at Mumbai on 18.04.2023. 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 30.01.2010. 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 Fali Baria died as stated in para No. 5 of the petition. The property mentioned in Schedule I annexed to the petition is referred in para Nos. 4 and 5 of the Will.

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

4. Petitioner's oath is filed. Affidavit of Shernaz Kerman Gagrat dated 09.08.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 22.12.2025 is filed. Delay is explained and the same is condoned.

5. However, statutory period of service of citation not yet completed hence, matter is adjourned till 15.01.2026.

06.01.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR