Bombay High CourtTP/2872/2024grant issued

Josephine Havard Dsilva v. Joseph Fernandes Alias Joe J Fernandes Alias Joe Jm Fernandes

2024-10-08S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th October, 2024.

CALLED FOR COMPLIANCE :

36. TP/2872/2024 [Original] (ECHCBM02094332024) with WILL/1159/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mrs. Bina Shivhare, 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 Josephine Havard Dsilva, being the Sole Executrix named under the Will of the deceased. Deceased Joseph Fernandes alias Joe J Fernandes alias Circumcisao De Jesus Fernandes, said to have died at Mumbai on 13.11.2023. 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. Mrs. Shivhare, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 17.10.2022. The said Will is in English language.

3. Mrs. Shivhare, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Christian. It is submitted the parents and wife of the deceased have predeceased the deceased. The deceased left no other sons and no other daughters. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of two sons of the deceased as mentioned in para - 9 are on record. Affidavit of Richard William Lobo, one of the attesting witnesses to the Will is filed. Affidavit of service of General Citation is filed. All the other 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.

08.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master