Bombay High CourtTP/392/2024grant issued

Lindsay Jane Whitehead And ANR. v. Sheila Maureen Tanner (Deceased)

2024-08-08S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

sah Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th May, 2024 CALLED FOR DIRECTION:

515. TP/392/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr.Haabil Vahanvaty a/w. Naren Nimbalkar i/b Khaitan & Co,. Advocate for Petitioners.

P. C. :

1. Perused Petition . Heard Ld. Advocate for the Petitioner. This Petition is for Probate( Authenticated copy) of Last Will and Testament of the deceased filed by Petitioners Lindsay Jane Whitehead and Neale Grearson being the Executors named under the Will of the deceased. Deceased Sheela Maureen Tanner said to have died England on 23.06.2019. Copy of Death Certificate is annexed to the Petition. Copy of Passport of the deceased as ID Proof is annexed to the petition.

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2. Mr. Haabil Vahanvaty Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at U.K. on 21.01.2016. The said Will is in English language.

3. Mr. Haabil Vahanvaty Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act, 1925 applicable to Christians. It is submitted that the parents and husband of deceased predeceased the deceased. Sister of the deceased Jean Marsh died in England on 11.07.2021 and Exhibit H is a copy of her death certificate. Save and except as mentioned in para 8, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. A Copy of Probate issued by Principal Registry of the Family Division, High Court of Justice England and Wales is at page 50 of the petition. Affidavit of service of General Citation is filed. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate expeditiously as prayed after verifying whether any Cross Petition or Caveat is filed.

10.05.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Note : This order is modified as per speaking to the minutes dated 08.08.2024.