Levito Lourenco Zuzarte S/O. Athanasio Zuzarte v. Maaurice Zuzarte S/O. Reginald Zuzarte Alias Maurice Reduzindo Zuzarte (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 28th August, 2024 CALLED FOR DIRECTION:

17. TP/1324/2024 Mr. Manoj M. Mane, Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02009772024) with WILL/468/2024 P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Levito Lourenco Zuzarte S/o.

Athanasio Zuzarte being the sole surviving Executor named under the Will of the deceased. Deceased Maurice Zuzarte S/o.

Reginald Zuzarte alias Maurice Reduzindo Zuzarte alias Maurice Reduzijdo Zuzarte said to have died at Parra, Goa, on 07.09.2023. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Mane, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 21.02.2015. The said Will is in English language.

3. Mr. Mane, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act, 1925 applicable to Christians. It is submitted that the Parents of the deceased predeceased the deceased.

the deceased died as Bachelor. 1bat the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) parents of the deceased have pre-deceased to the deceased. 1bat the deceased had only One Brother viz. Athanacio Alex Zuzarte alias Athanasio Reginald Zuzarte, pre-deceased the deceased, died on 12/08/1998. Exhibit "D" to the petition is a true copy of the death certificate of Brother of the deceased. That the said Athanacio Alex Zuzarte alias Athanasio Reginald Zuzarte, had Two Sons only. 1bat the said Athanacio Alex Zuzarte alias Athanasio Reginald Zuzarte, had no Daughter and no other Son. That the deceased had no Sister and no other Brother. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. The other executor Reenie Levito Zuzarte expired and Exh. C to the petition is a copy of his death certificate. Consent Affidavit of nephew viz. Lyell Zuzarte S/o. Athanasio Zuzarte of the deceased as mentioned in para 8 is on record. Affidavit of Austin Dharmai S/o. Charles Dharmai, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are filed online. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 28.08.2024