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Bombay High CourtTP/211/2024grant issued

Verona Elias Fernandes v. Matheus Antonio Dsouza (Deceased)

2024-04-30Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th April, 2024.

CALLED FOR COMPLIANCE:

59. TP/211/2024 (ECHCBM02185392023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sujata Babar, Advocate for the Petitioner. P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioner Verona Elias Fernandes, being the Sole Executor named under the Will of the deceased. Deceased Matheus Antonio D'souza alias Dsouza, said to have died at Mumbai on 27.07.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Will.

2. Ms. Babar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 07.12.2016. The said Will is in English language.

3. Ms. Babar, 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 predeceased the deceased. The deceased died issueless. He not left behind him, any surviving as his heirs and next-of-kin according to Indian Succession Act, 1925. The wife of the deceased Pauline Mathus D'souza, died on 17.10.2016 and Exhibit - "E" to the petition is a copy of the Death Certificate of Wife of the deceased. The deceased do not

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) have any son and Daughter. Save and except as mentioned in para - 9 there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Affidavit of Cajetan Russel alias Russell Pinto, 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.

30.04.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master