Bombay High CourtTP/630/2024grant issued

Christopher John De Menezes v. Mary Therese De Menezes (Decased)

2024-07-22Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd July 2024.

CALLED FOR DIRECTION (FOR COMPLIANCE :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

36. TP/630/2024 [Original] (ECHCBM02207122023) Mr. Atul Mody, 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 the Petitioner Christopher John De Menezes, being the Sole Executor named under the Will of the deceased. Deceased Mary Therese De Menezes, said to have died at Mumbai on 24.06.2023. 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. Mr. Mody, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 18.11.2014. The said Will is in English language.

3. Mr. Mody, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Christian. It is submitted that the parents of the deceased pre-deceased the deceased. The Husband of the deceased i.e. Mr. Hector Joseph De Menezes, predeceased the deceased and he died intestate, on 11.04.2009, Exhibit "D" to the Petition is the copy of his Death Certificate. The deceased had a unmarried daughter Andrea De Menezes, and she died on

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 06.10.2024 at Pune and Exhibit - E to the Petition is the copy of her death certificate. Save and except as mentioned in para - 9, there are no other legal heirs by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of married daughter and son of the deceased as mentioned in para - 9 are on record. There is Affidavit of service dated 30.04.2024 showing service upon non-consenting legal heir (i.e. son of the deceased). Affidavit of Mrs. Jennifer Miranda, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also 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.

22.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master