Bombay High CourtTP/2161/2024grant issued

Gene Ann Thomas v. Chinnamma Michael Kathaliyil Michael Jacob Alias Chinnamma Chackokadaliyil Michael (Deceased)

2024-08-14S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th August 2024.

CALLED FOR COMPLIANCE :

Ms. Sharvari Nagvekar, Advocate for the Petitioner.

23. TP/2161/2024 [Original] with WILL/890/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C.:

1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Dr. Gene Ann Thomas, being the Sole Executor named under the Will of the deceased. Deceased Chinnamma Michael Kathaliyil Michael Jacob alias Chinnamma Chackokadaliyil Michael alias Chinnamma Michael, said to have died at Sharjah (UAE) on 06.03.2021. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Nagvekar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 02.08.2013. The said Will is in English language.

3. Ms. Nagvekar, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Christians. It is submitted that the parents of the deceased pre-deceased the deceased. The deceased died as spinster. The deceased had no brother and have only one sister. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavit of married sister of the deceased as mentioned in para - 9 is on record. Affidavit of Achamma Thomas, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All other legal formalities are complied with. Hence, Petition is granted.

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

14.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master