Peter Anthony Furtado v. Martha Lancy D'Souza (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 26th March, 2025 CALLED FOR HEARING :

TP/352/2025 (E-filing) Mr. Anuj Vinod More, 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 Peter Anthony Furtado being sole Executor named under the Will of deceased. Deceased namely Martha Lancy D'souza said to have died at Mumbai on 01.04.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. Ld. Advocate for petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 25.06.2019. The said Will is in English language.

3. Ld. Advocate for petitioner submits that parents and parents of husband of deceased predeceased the deceased. Husband of deceased also predeceased the deceased. Deceased died widow and issue-less. Deceased was survived by four brothers and one sister. Out of them one brother 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. Ld. Advocate for petitioner in para No. 5 of the petition has stated that one Attesting Witness namely Sudha I Bhatt expired and another Attesting Witness namely Lili Khatun whereabouts not known hence, Affidavit of Sandra Edmond Fernandes who is married daughter of deceased dated 06.01.2025 has been filed as per Rule 384 of the Bombay High Court (Original Side) Rules, 1980 as the Attesting Witness to the Will. The said Affidavit is accepted. Affidavit of Service of General Citation dated 18.02.2025 is filed separately through e-filing. 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. 25.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG