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Bombay High CourtTP/1140/2024grant issued

Clara Anthony Vaz v. Roshan Rustom (Deceased)

2025-08-20Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 20th August, 2025 CALLED FOR HEARING :

TP/1140/2024 (E-filing) Mr. Suraj Dessai Almeida, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament alongwith First Codicil of deceased filed by petitioner namely Clara Anthony Vaz being sole surviving Executor named under the Will of deceased. The deceased namely Roshan Rustom Mistry died at Mumbai on 25.02.2013. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Election card is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 30.03.2000 and the First Codicil was duly executed at Mumbai on 23.12.2000. The said Will as well as First Codicil are in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. As per para No. 5 of the petition another executrix namely Benny Anthony Vaz died on 15.12.2019 and copy of death certificate is annexed to the petition as Exhibit - "C" hence, Petitioner is sole surviving executor.

3. Ld. Advocate for petitioner submits that as per para Nos. 8 and 10 of the petition, deceased do not have any legal heirs therefore, petitioner have served the citation through newspaper publication and Affidavit of Service of publication dated 10.02.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Para No. 9 of the petition states that petitioner has stated the reasons for being unable to file the Affidavit of original Attesting Witness to the Will as well as Codicil. Hence, Advocate to take steps as per Rule 384 of the Bombay High Court (Original Side) Rules. Affidavit of Service of General Citation dated 08.08.2024 is filed.

5. Ld. Advocate for petitioner file praecipe to place on board as and when all compliance is done in this matter.

20.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR