Allowed¶11

Shelialla Zarir Cama v. Amy Homi Damania (Deceased)

Bombay HC1 Aug 2025TP/3891/2025

Case brief

AI extract

What is this about?

Probate granted - testamentary petition - last Will and Testament dated 13.02.2007 of deceased Amy Homi Damania (died Mumbai 01.04.2025) - petitioner/executrix Shelialla Zarir Cama - co-executor Richard Damania reserved rights (affidavit 06.05.2025) - consent affidavit of son - attesting witness Dinsoo Ratanshaw Zaiwalla affidavit 05.05.2025 - service of general citation 03.12.2025 - delay condoned - legal formalities complied - probate to issue subject to verification of cross petition/caveat - decided by Company Registrar / Testamentary Registrar Mrs. Kavita Y. Ambekar on 18.12.2025 - no statutory provisions or precedents cited.

What did the court decide?

Grant of Probate of the last Will and Testament of the deceased as prayed; Office to issue Probate after verifying that no cross petition or caveat is filed. ¶11

Shelialla Zarir Cama vs Amy Homi Damania (Deceased) — Bombay HC (2025) — LawSathi Research

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 18^th December, 2025

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CALLED FOR HEARING :

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25 TP/3891/2025 (E-filing) WITH

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WILL/1482/2025

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Ms. Ruchi Kakkad i/b. Integrum Legal, Advocate for petitioner

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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 Shelialla Zarir Cama being one of the Executrices named under the Will of deceased. The deceased namely Amy Homi Damania died at Mumbai on 01.04.2025. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

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The deceased left behind her last Will and Testament which was duly executed at Mumbai on 13.02.2007. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executor appointed under the Will. Petitioner is one of the executrices and another executor namely Richard Damania has reserved his rights to act as Executor and Affidavit dated 06.05.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 6 of the Will.

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Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased was survived by one son and one daughter. Out of them daughter is petitioner herein and son has given his consent in favour of the petitioner herein. Consent Affidavit is on record. There are no other legal heirs.

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Petitioner's oath is filed. Affidavit of Dinsoo Ratanshaw Zaiwalla dated 05.05.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 03.12.2025 is filed. Delay is explained and the same is condoned. All other legal formalities are complied with. Hence, petition is granted.

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Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

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18.12.2025

Shelialla Zarir Cama v. Amy Homi Damania (Deceased)

Case brief

What is this about?

What did the court decide?

Shelialla Zarir Cama v. Amy Homi Damania (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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