Civil M. A. No.
1227/2022
CNR No.MHPU02-002469-2022
Mrs. Khursheed Lam Vs. Nobody
ORDER PASSED BELOW EXH.1
1. This is an application filed by the applicant Mrs.
Khursheed Lam for Probate of the Will of the deceased Dinyar
Bhahadur Antia.
2. The applicants submitted that Late Dinyar Antia being a
Parsi and died on 24/2/2021 at Pune. Applicant is relative i.e. cousin
of the Late Dinyar. Late Dinyar left a Will dated 14/3/2011 made in
writing which is his last testament, to which he has made first Codicil
in writing on 22/12/2020. The said Will and Codicil are duly
executed at Mumbai. The applicant is one of the executors in the Will
and Mr. Ronald Pinto second Executor has duly empowered the
applicant to institute this application and complete all formalities
incidental to it vide a Power of Attorney dated 26/11/2021. The
applicant states that property of Late Dinyar conssists of :
a) A/c No. 052210100013274 maintained with SBI Br. Bremen
Chowk, Pune closing balance of Rs. 63,26,957.
b) All that piece and parcel of Flat no. 13, M Bldg., Shanta
Niketan, adm. 534 [Link]., bearing Survey No. 41-A1/2B, A1/3, 41-
A1/4 situated at Bopodi, Pune along with Share amount and deposit
if any with Shanta Niketan Co-op Hsg. Society.
The deceased is the owner of properties mentioned in the
Will and Codicil executed by him. Before his death, on 14/3/2011
and 22/12/2020 deceased made his last Will and Codicil respectively
and Testament whereby she appointed as Executors and shall be the
sole Executor and bequeathed his properties and effect thereby
defined therein the said Will and Codicil.
3. The said Will and Codicil were executed before attesting
witnesses. Applicant is Executor of the said Will and Codicil. At the
time of his death, he left two successors I.e. Ms. Teena Antia
currently residing at UK and Ms. Diana Antia currently residing at
USA and they have given no objection certificate. Therefore, the
applicant prayed that probate be issued for the Will dated 14/3/2011
and Codicil dated 22/12/2020.
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4. Citation notice (Exh./ 14) is issued. Public notice (Exh.
12) is also issued in local newspaper “Prabhat” dated 3/11/2022. In
spite of issuing the citation and public notice no one is appeared to
raise objection.
5. Applicant has filed affidavit of applicant vide Exh.16.
The applicant has reiterated the contents of the application. The
applicant has also filed affidavits of Yasmim Amrolia and Dianne
Kenneth D/Cruz vide Exh. no. 27 and 28, they are attesting witness
on the Will and Codicil and these witnesses are stating that deceased
Dinyar Antia has signed the said Will and Codicil in their presence.
6. The applicant has filed the documents evidence original
death certificate dated 24/2/2021, Power of Attorney dated
26/11/2021, Sale Deed dated 6/9/2016, closing balance in bank
account, No objection letter of Ms. Diana and Ms. Teena vide Exh.
19-A to 25 respectively, original Will Exh. 29, original Codicil Exh.
30.
7. Heard learned advocate for the applicant.
8. I have gone though the entire proceeding, then it is
found that Citation and Public Notice was issued. In response to the
public notice no one is appeared to oppose the application. Applicant
and Mr. Ronnie Pinto are joint Executor of Will. The Ronnie Pinto
gave Power of Attorney in favour of applicant. Thus applicant is sole
Executor of Will and Codicil of Late Dinyar. The evidence of the
applicant is unchallenged. The applicant also proved the said Codicil
dated 22/12/2020 and Will dated 14/03/2011 through Attesting
Witnesses Yasmin Farookh Amrolia and Dianne Kenneth D’Cruz.
Therefore, there is no impediment to grant the Probate in favour of
applicant. Considering all these reasons, the application is liable to
be allowed. Hence, I proceed to pass the following order :
ORDER
1. Application is hereby allowed.
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2. Issue Probate in favour of the applicant Mrs. Khursheed Lam,
in respect of last Will dated 14/3/2011 and Codicil dated
22/12/2020 of Late Dinyar Bahadur Antia, after payment of
Court Fees as per the rules.
3. The last Will dated 14/3/2011 and Codicil dated 22/12/2020
be kept in the custody of the Nazar, Civil Court, Pune.
sd/-xxxx
Pune. (T. M. Ahmed)
Date : 6/10/2023 Jt. Civil Judge Senior Division, Pune.
CERTIFICATE
I affirm that the contents of this P.D.F. file Order is same word
for word as per Original Order.
Name of Steno : P. P. Vyavahare
(Stenographer Grade-II)
Court Name : T. M. Ahmed
Jt. Civil Judge Senior Division, Pune.
Date of Order : 6/10/2023
Order signed by the
Presiding Officer : 6/10/2023
Order Uploaded on : 6/10/2023
