Allowed¶11

Tanaz Nariman Kadwa v. Sam Rustomji Billimoria alias Sam R Billimoria

Bombay HC12 Jan 2026TP/177/2026

Case brief

AI extract

What is this about?

Probate petition allowed (TP/177/2026 with WILL/126/2026, decided 13.03.2026): probate of Will dated 20.01.2003 of Sam Rustomji Billimoria (d. 18.03.2024) granted to executrix/niece Tanaz Nariman Kadwa; co-executors predeceased; attesting witness affidavit, consent affidavits of all legal heirs, general citation served; delay condoned; formalities complied; probate to issue after caveat/cross-petition check.

What did the court decide?

Probate of the last Will and Testament to be issued to the petitioner Tanaz Nariman Kadwa as Executrix, after verification that no cross petition or caveat is filed. ¶11

Tanaz Nariman Kadwa vs Sam Rustomji Billimoria alias Sam R Billimoria — Bombay HC (2026) — LawSathi Research

¶1

SLG

¶2

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13^th March, 2026

¶3

CALLED FOR HEARING :

¶4

14 TP/177/2026 (E-filing) WITH

¶5

WILL/126/2026

¶6

Ms. Jyoti Badgujar i/b. Lakdawala and Co., Advocate for petitioner

¶7

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 Tanaz Nariman Kadwa being Executrix named under the Will of deceased. The deceased namely Sam Rustomji Billimoria died at Mumbai on 18.03.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

¶8

The deceased left behind his last Will and Testament which was duly executed at Mumbai on 20.01.2003. The said Will is in English language. The Para No.3 of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Petitioner is one of the Executors and other executors namely Nariman Noshir Kadwa and Ketty Nariman Kadwa died as stated in para No. 5 of the petition. Residuary clause in respect of properties of deceased is mentioned at para No. 13 of the Will.

¶9

Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as bachelor. Deceased had one brother and three sisters. One sister of deceased namely Ketty Kadwa died leaving behind her two daughters. Deceased was survived by one brother, two sisters and two nieces. Out of them one niece is petitioner herein and all other legal heirs have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

¶10

Petitioner's oath is filed. Affidavit of Shilpa B. Thakar dated 22.12.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 04.02.2026 is filed. Delay is explained and the same is condoned. All other legal formalities are complied with. Hence, petition is granted.

¶11

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

¶12

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

¶13

13.03.2026

Tanaz Nariman Kadwa v. Sam Rustomji Billimoria alias Sam R Billimoria

Case brief

What is this about?

What did the court decide?

Tanaz Nariman Kadwa v. Sam Rustomji Billimoria alias Sam R Billimoria

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mohammed Asif Abdulla Belgaumwala vs Haji Ali Mohammed Haji Ismail alias Ali Mahomed Haji Ismail Salemah Omed Haji Ismail

Sunil Radhakrishna Karekar vs Radhakrishna Gopal Karekar (Deceased)

Meena Santosh Tawde vs Santosh Balkrishna Tawde

Manjulaben Keharchand Jain vs Keharchand Manchhalal Jain

Mukesh Kumar Singh s/o Ram Prasad Singh vs Durga Devi w/o Ram Prasad Singh

Anahita Phiroze Havaldar vs Dhun Keki Mehta