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Bombay High CourtTP/2102/2024grant issued

Callista Lily Dcruz v. Joyce Marion Dias

2024-08-13Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 13th August, 2024 CALLED FOR DIRECTION:

33. TP/2102/2024 Mr. Pierre Fernandes, Adv. i/b. Ivor D'Cruz for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02049142024) with WILL/860/2024 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 Callista Lily D'Cruz being the sole Executor named under the Will of the deceased. Deceased Joyce Marion Dias alias Joyce Clevis Dias alias Joyce Dias, said to have died at Mumbai on 04.12.2023. 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. Fernandes, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 15.11.2023. The said Will is in English language.

3. Mr. Fernandes, 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 husband of the deceased also predeceased the deceased.

The deceased had only one son and two daughters. 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. Consent Affidavits of daughter and son of the deceased as mentioned in para 8 are on record. Affidavit of Mr. Joaquim Gomes, 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 13.08.2024