Allowed¶10

Darius Rashid Darabi v. Rashid Jehangir Darabi

Bombay HC28 Nov 2025TP/4596/2025

Case brief

AI extract

What is this about?

Probate granted; testamentary petition; Will executed at Mumbai on 03.06.2004; deceased Rashid Jehangir Darabi died at Mumbai on 17.12.2008; executors Darius Rashid Darabi and Kuresh Rashid Darabi; residuary clause para VII; consent affidavits of surviving son, daughter and granddaughters; attesting witness Tehmul Dalal affidavit dated 06.06.2025; affidavit of service of General Citation dated 13.10.2025; no caveat or cross petition; decided by Company Registrar / Testamentary Registrar on 28.11.2025.

What did the court decide?

Probate of the last Will and Testament of the deceased granted; Office to issue probate as prayed after verifying that no cross petition or caveat is filed. ¶10

Darius Rashid Darabi vs Rashid Jehangir Darabi — Bombay HC (2025) — LawSathi Research

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 28^th November, 2025

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CALLED FOR HEARING :

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22 TP/4596/2025 (E-filing)

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Ms. Sapna Sharma i/b. K Ashar and Co., 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 petitioners namely Darius Rashid Darabi and Kuresh Rashid Darabi being Executors named under the Will of deceased. The deceased namely Rashid Jehangir Darabi died at Mumbai on 17.12.2008. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

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The deceased left behind his last Will and Testament which was duly executed at Mumbai on 03.06.2004. The said Will is in English language. The 2^nd 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 para No. VII of the Will.

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Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Widow of deceased since deceased the deceased. As per para No. 8 of the petition, deceased was survived by three sons, one daughter and two granddaughters. Out of them two sons are petitioners herein and remaining son, daughter and two granddaughters have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

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Petitioner's oath is filed. Affidavit of Tehmul Dalal dated 06.06.2025one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 13.10.2025 is filed. 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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28.11.2025

Darius Rashid Darabi v. Rashid Jehangir Darabi

Case brief

What is this about?

What did the court decide?

Darius Rashid Darabi v. Rashid Jehangir Darabi

Case brief

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