Bombay High CourtTP/966/2024grant issued

Francis George Fernandes v. John Baptist Fernandes

2024-07-15Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 15th July 2024.

CALLED FOR COMPLIANCE:

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41. TP/966/2024 [Original] (ECHCBM02081152023) Mr. Suyash Kalbhor i/b B. G. Saraf, 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 Francis George Fernandes, being the Sole Executor named under the Will of the deceased.

Deceased John Baptist Fernandes, said to have died at Mumbai on 18.09.2020. 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. Kalbhor, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 22.02.2014. The said Will is in English language.

3. Mr. Kalbhor, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Christians. It is submitted that the parents and wife of the deceased predeceased the deceased. Save and except as mentioned in para - 8, there are no other legal heirs and next of kins left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of son, two daughters, daughter-in-law, grand daughter and grand son of the deceased as mentioned in para - 8 are on record.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Affidavits of Colin Pinto and Arun S. Shetty, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All the 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.

15.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master