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Bombay High CourtTP/6406/2025grant issued

Naushir Eruch Devitre v. Aban Eruch Devitre Alias Aloo Eruch Devitre

2026-03-12Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 12th March, 2026 CALLED FOR HEARING :

TP/6406/2025 (E-filing) WITH WILL/2421/2025 Ms. Jyoti Badgujar a/w. Jayant Wani i/b. Lakdawala and Co., 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 petitioner namely Naushir Eruch Devitre being Executor named under the Will of deceased. The deceased namely Aban Eruch Devitre died at Mumbai on 29.01.2013. 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 10.10.1999. The said Will is in English language. The Para No.1 of the Will refers to the appointment of Executors. Only four Executors appointed under the Will. As per para Nos. 5 of the petition, other two executors namely Feroze and Anahita have expired. Remaining Executor namely Fredun has served his rights to act as an Executor and Affidavit dated 27.11.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 9 of the Will.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. One son of deceased namely Feroze died leaving behind his widow and one son. Deceased was survived by two sons, one daughter-in-law and one grandson. Out of them one son is petitioner herein and all other legal heirs have given their consents in favour of the petitioner herein. Joint Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Darius Jehangir Kakalia dated 24.11.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 02.01.2026 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.

12.03.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR