Disposed

Aziz Moiz Kabira v. Dr Sarosh Ratanji Wadia (Deceased)

Bombay HC19 Dec 2024JOT/205/2024

Case brief

AI extract

What is this about?

The Court stayed further acts on the probate and directed the issuance of a notice to the Administrator General to verify the deceased's identity, relatives, and the circumstances of death due to discrepancies in the petition.

What did the court decide?

Notice to the Administrator General to inquire into the case; petitioner restrained from acting upon the Probate until the Administrator General files his report.

Aziz Moiz Kabira vs Dr Sarosh Ratanji Wadia… — Succession and Inheritance | Bombay HC (2024)

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18-JOT205-2024.DOC

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Santosh

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

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SANTOSH SUBHASH KULKARNI

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Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2024.12.21 11:15:26 +0530

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JUDGE’S ORDER NO. 205 OF 2024 IN

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TESTAMENTARY PETITION NO. 388 OF 2023

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Aziz Moiz Kabira …Petitioner

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Dr. Sarosh Ratanji Wadia ...Deceased

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Mr. Prabhu Velar, i/b Bina Shivhare, for the Petitioner.

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CORAM: N. J. JAMADAR, J. DATED: 19^th DECEMBER, 2024

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PC:-

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Heard the learned Counsel for the petitioner.

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The Judge’s Order is filed seeking permission of the Court to sell the property of Dr. Sarosh Ratanji Wadia, in respect of whose last Will and Testament Probate has been granted to the petitioner. It appears that the Probate has been granted as there was no contest.

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I have perused the averments in the petition. In paragraph 9 of the petition it is mentioned that the deceased was a Hindu and had left behind two sons, Dr. Rashid Sarosh Wadia and Dinyar Sarosh Wadia. However, the petitioner did not furnish either the age of the sons of the deceased or their addresses. A statement was made that whereabouts of the

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18-JOT205-2024.DOC

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sons of the deceased were not known. Thereupon, it seems a citation was published in the newspapers and eventually the Department has granted Probate as an uncontested petition.

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In this view of the matter, the Court considers it appropriate to satisfy its conscious before permission to sell the subject property is granted. Prima facie from the names of the parties, it appears that the deceased was a Parsi gentleman. The petitioner, who appears to be Muslim, does not seem to be related to the deceased. The petitioner has been named as the executor of the Will and also the beneficiary thereunder. The petitioner has been described as well-wisher of the deceased to whom the deceased professed to bequeath the property out of love and affection.

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In these circumstances, the Court finds it necessary to

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issue notice to the Administrator General, State of Maharashtra.

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The Administrator General may inquire into the circumstances of the case, the true identity of the deceased, the whereabouts of the relatives of the deceased and the circumstances which preceded and attended the death of the deceased.

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18-JOT205-2024.DOC

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Let a notice be issued to the Administrator General,

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State of Maharashtra.

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Administrator General to file report within a period of six weeks.

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The Registrar (Judicial-I) is requested to communicate a copy of this order to the Administrator General, Maharashtra State.

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In the meanwhile, the petitioner shall not act upon the Probate.

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Stand over to 13^th February, 2025.

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[N. J. JAMADAR, J.]

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Aziz Moiz Kabira v. Dr Sarosh Ratanji Wadia (Deceased)

Case brief

What is this about?

What did the court decide?

Aziz Moiz Kabira v. Dr Sarosh Ratanji Wadia (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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