Patricia Dsouza v. Francis Joseph Ferreira
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 1st July, 2025 CALLED FOR HEARING :
TP/2452/2024 (E-filing) Mr. Nandkishor Supal i/b. Divya Shah Associates, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Patricia Dsouza being sole Executrix named under the Will of deceased. The deceased namely Francis Joseph Ferreira died at Hyderabad on 04.08.2011. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is annexed to the petition.
2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 22.01.2009. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.
3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by two sons who have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.
4. Petitioner's oath is filed. Para No. 9 of the petition states that both the Witnesses to the Will i.e. Tyrone Dsouza and Joaquim Paul Gomes have expired and petitioner therefore, has filed his own Affidavit dated 03.03.2024 under Rule 384 of the Bombay High Court (Original Side) Rules, 1980 stating therein that he was present at the time of execution of the Will alongwith the deceased and two witnesses and he did see the deceased signed the Will. The said Affidavit is accepted. Affidavit of Service of General Citation dated 30.08.2024 is filed. All other legal formalities are complied with. Hence, petition is granted.
5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.
01.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR