Tehmul Burjor Khambatta v. Serene Tehmul Khambatta (Deceased)
Case brief
What is this about?
The Addl. Registrar granted a petition seeking probate of the last will and testament of the deceased, Serene Tehmul Khambatta. The court verified that the petitioner, Tehmul Burjor Khambatta, was the sole executor and that statutory formalities were complied with.
What did the court decide?
Petition is granted. Office to issue Probate after verifying whether any Cross Petition or Caveat is filed.
What the court decided
Pallavi
BEFORE : SHRI S. S. AGATE Addl. Registrar (O. S.) / Addl. Prothonotary and Senior Master DATE: 15th FEBRUARY, 2024
CALLED FOR COMPLIANCE :
Ms. Kanchan Pamnani, Advocate for the petitioner.
- Perused Petition which is filed on-line. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Tehmul Burjor Khambatta being the sole Executor named under the Will of the deceased. Deceased Serene Tehmul Khambatta, said to have died at Mumbai on 11.10.2023. Copy of Death Certificate is annexed to the Petition. Copy of Adhaar Card of the deceased as ID Proof is annexed to the petition.
- Ms. Kanchan Pamnani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 08.10.2023. The said Will is in English language.
- Ms. Kanchan Pamnani, Advocate for the Petitioners submits that deceased was governed under the Indian Succession Act, 1925 applicable to Parsis. It is submitted that parents of the deceased predeceased the deceased. The deceased had no children (son or daughter). Save and except as mentioned in para – 8, there are no other legal heirs and next of kin left by the deceased.
- Petitioner's Oaths are filed. Consent affidavits of two sons of the deceased as mentioned in Para 8 are on record. Affidavits of Dhiren Dayabhai Shah and Sandhya Dhiren
Issues for consideration
1 issue framed by the court
Whether the petitioner is entitled to probate of the last will and testament of the deceased Tehmul Khambatta.
Parties & counsel
- petitioner
Tehmul Burjor Khambatta
- other
Deceased Serene Tehmul Khambatta
Coram
S. S. Agate
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 — this page · S. B. Bhansali Prothonotary Senior Master
- Order 2 · S. B. Bhansali Prothonotary Senior Master
Similar cases
Judgements on the same questions, provisions and authorities, from every court