Pascoal Banat Fernandes Alias Bibiana Bernard Fernandes v. Mary Bant Fernandes Alias Mary Bernard Fernandes Alias Mary Bernard Fernandes (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17th April, 2025 CALLED FOR HEARING :
TP/260/2025 (E-filing) Mr. Vasant Dhawan, 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 Pascoal Banat Fernandes being sole Executrix named under the Will of deceased. The deceased namely Mary Bant Fernandes died at Mumbai on 06.03.2024. 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 06.08.2023. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Husband of deceased died on 08.07.1980. Deceased died as widow. Deceased was survived by two sons and two daughters. Out of them one daughter is petitioner herein and all other legal heirs 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 Czarina Nunes dated 17.03.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 17.02.2025 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. 16.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
SLG