Rudolf Fredrick Dmello v. Flossy Joanna Lasraso (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th November, 2024.

CALLED FOR COMPLIANCE :

42. TP/2061/2024 [Original] (ECHCBM02027792024) with WILL/849/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Akshada Deshpande i/b Vishaki Bhatia, 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 Rudolf Frederick D'Mello, being one of the Executors named under the Will of the deceased. Deceased Flossy Joanna Lasrado, said to have died at Mumbai on 15.08.2019.

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. Deshpande, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 28.02.2019. The said Will is in English language.

3. Ms. Deshpande, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Christian. It is submitted that the parents and husband of the Deceased pre-deceased the Deceased. The deceased had no children. The Deceased mother-in-law and father-in-law pre deceased the deceased. The Deceased sister in laws and brother in laws are deceased. Save and except as mentioned in para - 9, there

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the deceased died on 15" August, 2019. Since, till date there was no requirement of the Certificate for the Will of the deceased. The Petitioner, as per Will the Petitioner had sold the flat mentioned in the Will, the purchaser when applied for the loan from the bank, the bank insisted for the Probate of the Will. The said transaction thus is in hold and the Petitioner had to file the present petition. Therefore, delay if any in filing the present petition may be condoned in the interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executors, John Dennis Rosario named under the Will as Dennis Rosario died on 02nd August, 2022 and his death certificate is annexed at Page No. 46 of the Petition and Ronald Anthony Tauro (Ronald Ezzu Tauro) has filed his Affidavit dated 24.01.2024 renouncing his right as Executor. Consent Affidavits of all legal heirs (nephews and nieces) as mentioned in para - 9 are on record. Affidavit of Venugopal Nair, 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.

14.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master