Yvonne Maria Furtado Alias Maria Yvonne Furtado v. Laura Furtado Alias Maria Laura Dias Fernandes Alias Maria Laura Fernandes Lobo Alias L A Furtado
sah Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th May, 2024 CALLED FOR DIRECTION:
516. TP/438/2024 With Will/202/2024 In TP/438/2024 Mrs. Shaanayaa Kapoor i/b. Mulla and Mulla Craigie Blunt and Caroe, Advocate for the Petitioner.
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 Yvonne Maria Furtado alias Maria Yvonne Furtado being the sole Executrix named under the Will of the deceased. Deceased Laura Furtado alias Maria Laura Dias Femandes alias Maria Laura Fernandes Lobo alias Laura Andrew Furtado said to have died Mumbai on 11.11.2007. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.
2. Mrs. Shaanayaa Kapoor Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Goa on 18.11.1999. The said Will is in English language.
3. Mrs. Shaanayaa Kapoor, 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 said Deceased have predeceased the said Deceased. The husband of the said Deceased Mr. Andrew Avelino Paulo Furtado alias Andrew Avelino Furtado, pre-deceased the said Deceased. That the deceased was survived by her three sons viz (1) Brian Anthony Furtado
Alias Brian Antonio Furtado, (2) Albert Francis Furtado Alias Alberto Francisco Furtado and (3) Alroy Joseph Furtado and one daughter Yvonne Maria Furtado Alias Maria Yvonne Furtado, out of them, Alroy Joseph Furtado, the son of the deceased, died on 19th October 2020 as Bachelor Exhibit "D" to the petition is a copy of the Death Certificate of Alroy Joseph Furtado, the son of the deceased. That the said deceased had no other Sons and no other Daughters. Save and except the heirs mentioned herein above there are no other Legal heirs or next of kin Left by the deceased abovenamed.
The Ld. Advocate for the Petitioner submits that the petitioner states that there is a delay in filling the present Petition on account of the fact that the Petitioner was ignorant and unaware of the requirement of obtaining any legal representation in respect of the Will left by the deceased. The Petitioner further states that, recently, when the Petitioner approached the concerned authorities, for transferring the properties mentioned in Schedule- I annexed to the present Petition in her name on the basis of the said Will dated 18th November 1999 of the deceased at that time the concerned authorities, informed the Petitioner to submit a Grant of Probate issued by Competent Court of Law.
In view of the above, the Petitioner is filling the present Petition for obtaining Grant of Probate with respect to the last Will and Testament dated 18th November 1999 of the deceased above named from this Hon'ble Court and therefore there is delay in filing the present Petition which is not intentional or deliberate. The Petitioner therefore prays that the delay in filing the present Petition may be kindly condoned in the interest of Justice. Thus, the delay is explained.
4. Petitioner's Oath is filed. Consent Affidavit of Mr. Brian Anthony Furtado Alias Brian Antonio Furtado is on record. There is affidavit
of service filed by Sherrif Office dated 02.05.2024 showing service upon nonconsenting legal heir Albert Francis Furtado Alias Alberto Francisco Furtado. Affidavit of Gluck D'Souza, S/o. Irineu D'Souza , 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 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