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Bombay High CourtTP/344/2024grant issued

Myra Linda Philomena Miranda v. Oswyn Theodore Miranda (Deceased)

2024-10-04Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 4th October, 2024 CALLED FOR DIRECTION:

20. TP/344/2024 Mr. Vishal Golambade, Adv. i/b. Somnath Iyer for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02191652023) with WILL/136/2024 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 the Petitioner Myra Linda Philomena Miranda being the Executor named under the Will of the deceased. Deceased Oswyn Theodore Miranda said to have died at Mumbai on 25.08.2021. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Golambade, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 31.10.2009 and 12.01.2009. The said Will is in English language.

3.

Mr. Golambade, 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. Deceased have wife and two sons only. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased. The Ld. Adv. for the Petitioner submits that the Petitioner were unaware about the legal representation to be made for administering the estate of the deceased, hence there is delay in the filing of the Petition. Therefore, delay in filing the Petition may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two sons of the deceased as mentioned in para 9 are on record. Affidavit of Ashok Kunder, one of the attesting witness to the 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 04.10.2024