Allowed¶10

Neville Dinshaw Kapadia v. Late Kersi Cawas Dhondy

Bombay HC6 Feb 2026TP/6509/2025

Case brief

AI extract

What is this about?

Probate granted of Will executed 18.12.2024 at Mumbai by Kersi Cawas Dhondy (died 15.04.2025, Mumbai); petition by executors Neville Dinshaw Kapadia and Khurshed Adi Buhariwalla; third executrix Thrity Wadia renounced (affidavit 22.11.2025); consent affidavits of widow and two married daughters; attesting witnesses Adi Darabshaw Mehta and Pervin Hoshang Antalia; general citation served (05.01.2026); delay condoned; all formalities complied; probate to issue after caveat/cross-petition check; decided 06.02.2026.

What did the court decide?

Probate of the Will to be issued as prayed, subject to the Office verifying that no cross petition or caveat is filed. ¶10

Neville Dinshaw Kapadia vs Late Kersi Cawas Dhondy — Bombay HC (2026) — LawSathi Research

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 6^th February, 2026

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CALLED FOR HEARING :

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29 TP/6509/2025 (E-filing) WITH

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WILL/2445/2025

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Mr. Sachin Shetye, Advocate for petitioners

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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 Neville Dinshaw Kapadia and Khurshed Adi Buhariwalla being Executors named under the Will of deceased. The deceased namely Kersi Cawas Dhondy died at Mumbai on 15.04.2025. 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 his last Will and Testament which was duly executed at Mumbai on 18.12.2024. The said Will is in English language. The 2^nd para of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Out of them, two executors are Petitioners herein and remaining executrix namely Thrity Wadia has renounced her rights to act as an Executrix and Affidavit dated 22.11.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at page No. 2 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 two married daughters who all 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. Affidavits of Adi Darabshaw Mehta and Pervin Hoshang Antalia dated 22.11.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 05.01.2026 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

06.02.2026

Neville Dinshaw Kapadia v. Late Kersi Cawas Dhondy

Case brief

What is this about?

What did the court decide?

Neville Dinshaw Kapadia v. Late Kersi Cawas Dhondy

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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