Glen Mascarenhas Alias Glen Sylvester Mascarenhas Son Of Joseph Louis Mascarenhas v. Joseph Louis Mascarenhas Son Of John Cruz Mascarenhas

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th October, 2024 CALLED FOR DIRECTION:

Mr. Santosh Salekar, Adv. i/b. Pratyush B. Ranjan for Petitioners.

(ECHCBM02218972023) P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Glen Mascarenhas alias Glen Sylvester Mascarenhas son of Joseph Louis Mascarenhas and Wilbur Mascarenhas alias Wilbur Claude Mascarenhas son of Joseph Louis Mascarenhas being the Executors named under the Will of the deceased.

Deceased Joseph Louis Mascarenhas son of John Cruz Mascarenhas said to have died at Mumbai on 30.09.2013. Copy of Death Certificate is annexed to the Petition. Copy of Passport of the deceased as ID Proof is annexed to the petition.

2. Mr. Salekar, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 02.07.2003. The said Will is in English language.

3. Mr. Salekar, Advocate for Petitioners 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

predeceased the deceased. Exh. D to the Petition is a copy of death certificate of the wife of the deceased. Deceased survived by two sons and one daughter and have no other son and no other daughter. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that there is a delay in filing the present petition on account of the fact that the petitioners were ignorant and unaware of obtaining grant of the Probate of the said Last Will and Testament of the deceased abovenmaed. Recently, the petitioners approached the concerned authorities in order to transfer the immovable property, which is more particularly described in the schedule - I annexed to the Petition, to the name of the beneficiaries on the basis of the said Will dated 02.07.2003.

In response to the same, the concerned authorities verbally informed to the petitioners that they will be required to obtain and submit a Probate of the said Last Will and Testament of the deceased issued by the competent court of law, so as to enable them to transfer the said property to the name of the beneficiaries on the basis of the Grant of the Probate granted by the competent court of Law. In view of the above, the petitioners are now filing the present Petition for obtaining a Probate of the said Last Will and Testament of the deceased in this Hon'ble Court and hence, there is a delay which is not intentional and / or deliberate. The petitioners therefore prays that the delay in filing the present petition may be kindly condoned in the interest of justice. Thus, the delay is explained.

Contd.. ..2/- (ECHCBM02218972023

4. Petitioners' Oath are filed. Consent Affidavit of married daughter of the

deceased as mentioned in para 8 is on record. Affidavit of Wilbur Jude Antony D'Mello alias Wilbur J. A. D'Mello, 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.

Contd.. ..3/- (ECHCBM02218972023

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 09.10.2024