Dastin Harry Masilamani Constituted Poa Holder Of Ossie Maryan Masilamani v. Monty Harry Masilamani (Deceased)

2 109.TP/1395/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 06th February, 2026 FOR COMPLIANCE:

109.TP/1395/2024 [Original] (ECHCBM02096012023) with WILL/507/2024 ) ) ) Mr. Praful Valvi i/b. Sharad Bhosle, Ld. Advocate for the Petitioner P.C.:

1) Petitioner, namely DASTIN HARRY MASILAMANI being legatee and being constituted attorney of FREDERICK HARRY MASILAMANI and constituted attorney of OSSIE MARYAN MASILAMANI, filed this petition for grant of Letters of Administration with Will Annexed, being the legatees under the Will executed by Monty Harry Masilamani (herein after the same is referred to as "Testatrix"), for the grant of a Letters of Administration with Will annexed. The Said Testatrix said to have died at Mumbai on 29-07-2020. 2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioner, filed the copy of death certificate, an identity proof of the testator, Will and petitioner's oath.

3) The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short "Rules"). 4) No executor has been appointed under the Will. The petitioner being the one of the legatees and being the constituted attorney of other legatees, namely Ossie Masilamani and Fredreick Harry Masilamani under the Will. Hence, the petition is tenable.

5) Petitioner stated that the deceased left behind her last Will and Testament, which was duly executed at Mumbai on 16.12.2019, in English language. The Will is handed over separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay. 6) Ld. Advocate for the petitioners submit that the Testatrix is survived by her three sons, as her legal heirs, whose details are given in the petition's paragraph No. 08, as per the provisions of Indian Succession Act, 1925. The petitioners affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition. 7) Citation to all Concern was issued and same has been duly affixed on the conspicuous part of the Hon'ble High Court and notice board of the Collector's Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980(for short "BHC Rules")

2 109.TP/1395/2024 and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

8) The petitioners have filed the affidavit of William Pereira, one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased signed the Testament n in his presence and the testatrix was in sound state of mind at the time of execution of the Will. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will. According to him all additions and alteration in a Will were existed at the time of execution before signing the Will. Hence, there is sufficient compliance of the Rule 383 of the Rules.

9) Properties mentioned in the schedule-I of the petition are referred in the Will. Petitioners have executed the administration Bond in the prescribed format. Hence, following order:

ORDER

1) Petition is granted.

2) Office to issue Letters of Administration with Will annexed to the petitioner, as per the Rules, having effect throughout State of Maharashtra. 3) Before issuance of Letters of Administration with Will, the office to verify that there is no cross Petition is pending or caveat is filed. Office to act accordingly.

06th February, 2026 Officer on Special Duty, with Testamentary Department