Khushroo Cawasji Italia v. Homai Nariman Gyara Alias Homay Nariman Gyara Also Spelt As Homay

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 25th February, 2026 CALLED FOR HEARING :

TP/6672/2025 (E-filing) WITH WILL/2536/2025 Mr. Atish Mahade, 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 petitioners namely Khushroo Cawasji Italia and Hufrish Khushroo Italia being Executors named under the Will of deceased. The deceased namely Homai Nariman Gyara died at Mumbai on 03.10.2025. 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 her last Will and Testament which was duly executed at Mumbai on 17.03.2025. The said Will is in English language. The 2nd para of the Will refers to the appointment of Executors. Only two Executors appointed under the Will who are petitioners herein. Residuary clause in respect of properties of deceased is mentioned at internal page No. 5 of the Will.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased died issue-less. Deceased was survived by two sisters who both have given their consents in favour of the petitioner herein. Consent Affidavits are on record which are filed separately. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Dady Wadia dated 12.11.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 17.01.2026 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.

25.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR