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Bombay High CourtTP/6509/2025grant issued

Neville Dinshaw Kapadia v. Late Kersi Cawas Dhondy

2026-02-06Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

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

TP/6509/2025 (E-filing) WITH WILL/2445/2025 Mr. Sachin Shetye, 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 petitioners namely Neville Dinshaw Kapadia and Khurshed Adi Buhariwalla being Executors named under the Will of deceased. The deceased namely Kersi Cawas Dhondy died at Mumbai on 15.04.2025. 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 18.12.2024. The said Will is in English language. The 2nd para of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Out of them, two executors are Petitioners herein and remaining executrix namely Thrity Wadia has renounced her rights to act as an Executrix and Affidavit dated 22.11.2025 is filed to that effect. 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 was survived by his widow and two married daughters who all 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. Affidavits of Adi Darabshaw Mehta and Pervin Hoshang Antalia dated 22.11.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 05.01.2026 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.

06.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR