Carolina Marie Dsa Alias Carolina Maria Dsa v. Matilda Maria Rebello Alias Mathilda Maria Rebello

msm Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 21st August, 2024 CALLED FOR COMPLIANCE :

24.TP/288/2024 ECHCBM02165132023 WITH WILL/92/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Geeta Sonawane i/b. Denzil D'Mello, Adv. 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 joint Will and Testament of the deceased filed by the Petitioner Carolina Marie D'Sa alias Carolina Maria D'Sa being the Executrix named under the joint Will of both the deceased. Deceased No.1 Matilda Maria Rebello alias Mathilda Maria Rebello and Deceased No.2 Giles Wilson Rebello, said to have died at Mumbai on 17th August, 2022 and 5th July, 2016 respectively. Copy of Death Certificates are annexed to the Petition. Copy of Aadhaar Card of both the deceased as ID Proof are annexed to the petition.

2. Ms. Geeta Sonawane, Advocate for the Petitioner submits that deceased left behind them last joint Will and Testament which was duly executed at Mumbai on 17th December, 2010. The said Will is in English language.

3. Ms. Geeta Sonawane, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act, 1925. It is submitted that the husband of the Deceased No. 1 viz. Giles Wilson Rebello, the Deceased No. 2 herein, pre-deceased the deceased, having expired on 5th July, 2016 leaving behind his wife Matilda Maria Rebello alias Mathilda Maria Rebello, the Deceased No. 1 and heirs and next-of-kin ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

mentioned at Serial Nos. 1 to 4 in the table according to the Indian Succession Act, 1925 applicable to Christians. The parents of the Deceased Nos. 1 & 2, pre-deceased the Deceased. Save and except as mentioned in para - 10, there are no other legal heirs or next-of-kin left by both the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of Son and two Daughters of the deceased as mentioned in Para-10 are on record. Affidavit of Dr. B. Athaide, one of the attesting witness to the jont Will is filed. Affidavit of service of General Citation is filed. All Affidavits are filed online. 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 21.08.2024