Ignatius Murzello S/O Denis Murzella v. Wilma Bhau Kharote (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 23rd April, 2025 CALLED FOR HEARING :
TP/227/2025 (E-filing) Ms. Namrata Biyawat i/b. NB Legal, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Ignatius Murzello s/o. Denis Murzella being sole Executor named under the Will of deceased. The deceased namely Wilma Bhau Kharmote died at Mumbai on 14.08.2021. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.
2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 15.06.2018. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.
3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Son of deceased namely Lav Bhau Kharote died on 26.06.2019, leaving behind two daughters. Another son namely Ganesh Bhau Kharote died on 21.11.2016 leaving behind one son. All the legal heirs of deceased have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Lily Sydney D'souza dated 25.10.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 11.02.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.
5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 23.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR