Allowed¶11

Zubin Kersi Dalal v. Zarin Kersi Dalal Deceased

Bombay HC12 Jan 2026TP/172/2026

Case brief

AI extract

What is this about?

Probate; testamentary petition; TP/172/2026; WILL/92/2026; Will executed Mumbai 01.05.2023; testatrix Zarin Kersi Dalal died Panvel 03.05.2025; executors Zubin Kersi Dalal and Kaizad Zubin Dalal; attesting witnesses Rumi Hoshang Mirza and Ronie Hoshang Mirza affidavits 17.12.2025; general citation affidavit of service 22.01.2025; consent affidavit of husband; delay condoned; legal formalities complied; probate granted; caveat and cross-petition verification; Company Registrar / Testamentary Registrar Kavita Y. Ambekar; order dated 03.02.2026.

What did the court decide?

Petition for 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. ¶11

Zubin Kersi Dalal vs Zarin Kersi Dalal Deceased — Bombay HC (2026) — LawSathi Research

¶1

SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 3^rd February, 2026

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CALLED FOR HEARING :

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29 TP/172/2026 (E-filing) WITH

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WILL/92/2026

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Mr. Hardik Toshniwal i/b. MLS Vani and Associates, 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 Zubin Kersi Dalal and Kaizad Zubin Dalal being Executors named under the Will of deceased. The deceased namely Zarin Kersi Dalal died at Panvel on 03.05.2025. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

¶8

The deceased left behind her last Will and Testament which was duly executed at Mumbai on 01.05.2023. The said Will is in English language. The Para No. 1 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. 7 of the Will.

¶9

Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by her husband and one son. Out of them son is petitioner No. 1 herein and husband has given his consent in favour of the petitioner herein. Consent Affidavit is on record. There are no other legal heirs.

¶10

Petitioner's oath is filed. Affidavits of Rumi Hoshang Mirza and Ronie Hoshang Mirza dated 17.12.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 22.01.2025 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

¶13

03.02.2026

Zubin Kersi Dalal v. Zarin Kersi Dalal Deceased

Case brief

What is this about?

What did the court decide?

Zubin Kersi Dalal v. Zarin Kersi Dalal Deceased

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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