Bombay High CourtTP/2698/2024grant issued

Roiter Rodrigues v. Harry Rodrigues

2024-09-04C.J. Bhatt,Incharge Prothonotary And Sr Master2 pages

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

48. TP/2698/2024 Mr. Jyoti Badgujar, Adv. i/b. S. U. Lakdawala for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02083832024) with WILL/1097/2024 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 Roiter Rodrigues son of Harry Rodrigues being one of the Executors named under the Will of the deceased.

Deceased Deceased Hany Rodrigues son of Lawrence Rodrigues alias Harry Rodrigues alias Harry Lawrence Rodrigues said to have died at Mumbai on 08.03.2024. 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. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 05.02.2024. The said Will is in English language.

3. Ms. Badgujar, 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 said Deceased had NO Daughter, he died leaving

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) behind his Widow and 2 Sons. 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. The other executor Dexter Ignatius Rodrigues has filed his affidavit dated 11.04.2024 reserving his rights as executor. Consent Affidavits of widow and son of the deceased as mentioned in para 8 are on record. Affidavit of Ashok Narayan Joshi, 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