Bombay High CourtTP/1362/2024grant issued

Kevin Paul v. Xavier Dias

2024-08-05Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 05th August 2024.

CALLED FOR COMPLIANCE :

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11. TP/1362/2024 [Original] (ECHCBM02235122023) Ms. Geeta Sonawane i/b Denzil D'mello, Advocate for the Petitioner.

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 Kevin Paul, being one of the Executors named under the Will of the deceased. Deceased Francis Xavier Dias, said to have died at Mumbai on 12.04.2021. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Sonawane, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 07.03.2013. The said Will is in English language.

3. Ms. Sonawane, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Christians. It is submitted that the parents and wife of the deceased pre-deceased the deceased. Exhibit - E to the Petition is the copy of death certificate of the wife of the deceased. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. The Other Executor Mr. Aliakbar Abdulla Olia has reserved his right by filing his Affidavit dated 09.01.2024. Consent Affidavits of two sons and one daughter of the deceased as mentioned in para - 9 are on record.

Affidavit of Pradyumna D. Modi, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also 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.

05.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master