Tracy Anna Theresa D'Souza v. Veronica Helen D'Souza (Deceased)

SL BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 14th October, 2025 CALLED FOR HEARING :

TP/1021/2025 (E-filing) Ms. Sneha Agicha i/b. D M Harish and Co., 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 Tracy Anna Theresa D'souza being sole Executrix named under the Will of deceased. The deceased namely Veronica Helen D'souza died at Mangalore, Karnataka on 26.10.1994. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 12.08.2025 for non-availability of identification proof of deceased. The same is accepted.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 15.03.1985. 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 who is petitioner herein.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Son of deceased namely Allwyn Dsouza died as bachelor. Daughter of deceased namely Edna Sequeira died on 21.01.2009 leaving behind two sons. Another son of deceased namely Bonaventure Dsouza died on 10.09.2018 leaving behind one daughter. Deceased was survived by three daughters, two grandsons and one granddaughter. 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. Para No. 4 of the petition states that both the Attesting Witnesses to the Will namely Julian D'souza and P Vas have expired therefore, the Affidavit of Vidya Jaikishan Mirchandani who is daughter of deceased was present at the time of execution of the Will filed her Affidavit dated 03.07.2024 as Attesting Witness to the Will under Rule 384 of the Bombay High Court (Original Side) Rules, 1980. The same is accepted. Affidavit of Service of General Citation dated 28.03.2025 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.

14.10.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR