Cecil Gerard Dsluza And ANR. v. Joseph Peter Dsouza @ Joseph Dsouza - Deceased

by LAXMIKANT GOPAL CHANDAN Date:

2023.04.11 10:38:51 +0530 LAXMIKANT GOPAL CHANDAN 1 (35) IA-636.23-II.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.636 OF 2023 IN PETITION NO.158 OF 2022 Cecil Gerard D'Souza : Applicant/Petitioner In the matter of Joseph Peter D'Souza : Deceased Mr. Cecil Gerard D'Souza and anr.

: Petitioners.

----- Ms. Karen Koya i/by Mr. Denzil D'Mello for the Applicant. ----- CORAM :

ARIF S. DOCTOR, J.

th APRIL 2023 DATE :

P.C. :

The present Interim Application seeks an amendment to Testamentary Petition No.158 of 2022 filed for probate of the last Will and Testament of one Joseph Peter D'Souza who passed away on 30 th October 2021 leaving behind a writing dated 9 th July 2015 said to be his Last Will and Testament.

Learned Counsel appearing on behalf of the Applicant submits that after filing of the present Testamentary Petition, the Applicant/Petitioner LGC

2 (35) IA-636.23-II.doc has become aware aware of two Annuities to which the deceased was entitled to and thus seeks to amend the Schedule-I by including the same. I have heard the Learned Counsel for the Applicant, perused the Interim Application and find that the same is in order and deserves to be allowed in the interest of justice and for completeness of grant of probate. In view thereof, the present Interim Application is allowed in terms of prayer clauses (a), (b) and (c) which reads a under :- "(a) That this Hon'ble Court be pleased to allow the Petitioners to amend Schedule No.I annexed to the captioned Petition marked as Exhibit-C, by adding two moveable assets and to carry out consequential amendments as per the Schedule annexed hereto; (b) That this Hon'ble Court be pleased to allow the Petitioners to amend the Total amount and the Net Total after deduction of Rs.2,500/- mentioned in the Schedule-I annexed to the captioned Petition as per the Schedule annexed hereto;

(c) That this Hon'ble Court be pleased to allow the Petitioners to amend the amount mentioned at paragraph No.9 in the Petition as per the Schedule annexed hereto.

The Interim Application is accordingly disposed of. (ARIF S. DOCTOR, J.) LGC