Allowed¶5

Jamshed Dady Banaji v. Dinaz Dady Banaji alias Banaji Dinaz Dady

Bombay HC26 Feb 2026TP/1082/2026

Case brief

AI extract

What is this about?

Testamentary Petition; Letters of Administration; Will annexed; probate; renunciation of right of executrices; Bombay High Court Testamentary & Intestate Jurisdiction; Milind N. Jadhav J.; petitioner Jamshed Dady Banaji; deceased Dinaz Dady Banaji alias Banaji Dinaz Dady; consent affidavit 21.01.2026; legal heirs; grant within three weeks; office objections compliance; praecipe mentioning off-board; executrices Prochy Navroji Gandevia and Mrs Dinoo Sorab Dordi.

What did the court decide?

Grant of Letters of Administration with the Will annexed to the petitioner having effect through India, renouncing the right of the executrices Prochy Navroji Gandevia and Mrs Dinoo Sorab Dordi; Grant to be issued by the Department within 3 weeks, subject to compliance of office objections. ¶5

Jamshed Dady Banaji vs Dinaz Dady Banaji alias Banaji Dinaz Dady — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Letters of Administration should be issued to the petitioner in respect of the properties and credits of the deceased Dinaz Dady Banaji alias Banaji Dinaz Dady (per the un-numbered prayer clause, with the Will annexed).

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Court's answer

There being no impediment, the Testamentary Petition is allowed and disposed of in terms of the un-numbered prayer clause, namely grant of Letters of Administration with the Will annexed to the petitioner, renouncing the right of the executrices Prochy Navroji Gandevia and Mrs Dinoo Sorab Dordi.

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Ratio / Principle

The Department is directed to issue the Grant, as directed above, within a period of 3 weeks from the date of the order.

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Key takeaways

The allowance and disposal of the Petition is subject to compliance of office objections, if any, forthwith, which shall be allowed by the Department.ratio¶6

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Testamentary & Intestate Jurisdiction), Milind N. Jadhav, J. (single Judge): Testamentary Petition allowed and disposed of on merits sought by Jamshed Dady Banaji for issuance of Letters of Administration in respect of the properties and credits of the deceased Dinaz Dady Banaji alias Banaji Dinaz Dady. Grant ordered in terms of the un-numbered prayer clause: Letters of Administration with the Will annexed to the petitioner, having effect through India, renouncing the right of the executrices Prochy Navroji Gandevia and Mrs Dinoo Sorab Dordi. Department directed to issue the Grant within 3 weeks; disposal subject to compliance of office objections. Record notes a consent affidavit dated 21.01.2026 of Huzan Dady Babaji and legal-heir papers at page 29 of the Petition; matter taken up off-board via praecipe dated 22.04.2026. No statutory provisions or precedent citations appear in the judgment.

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M11.TP.1082.2026.2026

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Ajay

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

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TESTAMENTARY PETITION NO. OF 1082 OF 2026

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Dinaz Dady Banaji alias Banaji Dinaz Dady .. Deceased Jamshed Dady Banaji .. Petitioner

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Jamshed Dady Banaji

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Mr. D. R. Mishra, Advocate for Petitioner.

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CORAM : MILIND N. JADHAV, J. DATE : APRIL 22, 2026.

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P.C.:

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1. Not on Board. Mentioned by way of filing praecipe dated

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22.04.2026. Perused the praecipe.

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2. Heard Mr. Mishra, learned Advocate for Petitioner.

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3. Present Testamentary Petition is filed by Petitioner for issuance of Letters of Administration in respect of the properties and credits of deceased Dinaz Dady Banaji alias Banaji Dinaz Dady. The names and details of legal heirs of the deceased are stated in paragraph No.9 of the Petition. Purpose for filing the present Petition is stated in paragraph No.6 of the Petition. I have perused the same.

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4. Consent affidavit dated 21.01.2026 of Huzan Dady Babaji,

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the legal heirs of the deceased are appended to page No. 29 of the Petition.

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1 of 2

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M11.TP.1082.2026.2026

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5. In view of the above, there can be no impediment in allowing the Petition. Testamentary Petition is allowed and disposed of in terms of un-numbered prayer clause which reads thus:-

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“Letters of Administration with the Will annexed may be granted to the petitioner having effect through India by renouncing the right of PROCHY NAVROJI GANDEVIA and MRS DINOO SORAB DORDI the executrices for execution of probate.”

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6. Department is directed to issue the Grant as directed above

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within a period of 3 weeks from today positively.

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7. Testamentary Petition is allowed and disposed subject to

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compliance of office objections, if any, forthwith which shall be allowed by the Department.

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[ MILIND N. JADHAV, J. ]

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Ajay