Allowed¶11

Shirin Hasnoor Daruwalla v. Rustom Ruttonshaw Dalal

Bombay HC9 Jan 2026TP/5586/2025

Case brief

AI extract

What is this about?

Probate petition (TP/5586/2025; WILL/2064/2025) of Rustom Ruttonshaw Dalal (d. 27.04.2021, Mumbai); Will executed 17.12.2020; granted to executrix and daughter Shirin Hasnoor Daruwalla; widow's consent affidavit; co-executor Freny Firoze Paghdiwala dead, Niloufer H. Elavia and Mahazaver R. Dalal reserved rights (Joint Affidavit 17.10.2025); attesting witness affidavit of Katy Pervez Movewalla; general citation served 24.11.2025; delay condoned; probate issuance directed subject to caveat/cross-petition check; decided 09.01.2026 by Company Registrar / Testamentary Registrar.

What did the court decide?

Probate of the last Will and Testament of the deceased Rustom Ruttonshaw Dalal to be issued to the petitioner as prayed, subject to verification that no cross petition or caveat is filed. ¶11

Shirin Hasnoor Daruwalla vs Rustom Ruttonshaw Dalal — Bombay HC (2026) — LawSathi Research

¶1

SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 9^th January, 2026

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CALLED FOR HEARING :

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26 TP/5586/2025 (E-filing) WITH

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WILL/2064/2025

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Mr. S. U. Lakdawala, 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 Shirin Hasnoor Daruwalla being one of the Executors named under the Will of deceased. The deceased namely Rustom Ruttonshaw Dalal died at Mumbai on 27.04.2021. 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 his last Will and Testament which was duly executed at Mumbai on 17.12.2020. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only four Executors appointed under the Will. Petitioner is one of the executrices and one of executors namely Freny Firoze Paghdiwala died as stated in para No. 5 of the petition and remaining two executors namely Niloufer H. Elavia and Mahazaver R. Dalal have reserved their rights to act as an Executors and Joint Affidavit dated 17.10.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 21 of the Will.

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Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by his widow and one daughter. Out of them daughter is petitioner herein and widow has given her 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 Katy Pervez Movewalla dated 17.10.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 24.11.2025 is filed. Delay is explained in para No. 9 of the petition 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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09.01.2026

Shirin Hasnoor Daruwalla v. Rustom Ruttonshaw Dalal

Case brief

What is this about?

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Shirin Hasnoor Daruwalla v. Rustom Ruttonshaw Dalal

Case brief

What is this about?

What did the court decide?

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