Kevin Francis Luis v. Francis P Luis Alias Francis Philips Luis

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 4th September, 2024 CALLED FOR DIRECTION:

37. TP/1451/2024 Ms. Shraddha Patil, Adv. i/b. Seema Tripathi for the Petitioner.

[Original] (ECHCBM02015792024) with WILL/560/2024 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 Kevin Francis Luis being one of the Executors named under the Will of the deceased. Deceased Francis P. Luis alias Francis Philips Luis said to have died at Mumbai on 10.08.1985. Copy of Death Certificate is annexed to the Petition.

Petitioner has filed dated 13.01.2023 regarding non availability of Id Proof of the deceased annexing therewith Copy of Share Certificate showing the name of the deceased.

2. Ms. Patil, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 18.06.1985. The said Will is in English language.

3. Ms. Patil, 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 predeceased the

deceased. Exh. C is a copy of her death certificate of the wife of the deceased. Deceased had four sons. Daughter Quinton Francis Luis died on dated 06th October 2020 and Exh. D is a copy of her death certificate and she had one son and no daughter. Other son Lincoln Francis Luis Died on 8th March 2021 Exh. E is a copy of his death certificate. He had widow, one daughter and no son. 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 the delay in making present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation. Now Petitioner has been orally advised to obtain a legal representation. Hence this Hon'ble court in the interest of justice may condone the delay in filing present Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. Second Executor viz Godwin Francis Luis filed his affidavit dated 13.12.2023 renouncing his rights as executor. Consent Affidavits of son, daughter in law, grandson, two granddaughters of the deceased as mentioned in para 8 are on record. Affidavit of Kishor Somnath Malpani, 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 04.09.2024