Bombay High CourtTP/3151/2024grant issued

Geraldine Gonsalves v. Andrew Joseph Gonsalvez (Deceased)

2024-09-24S. 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 : 24th September 2024.

CALLED FOR COMPLIANCE :

32. TP/3151/2024 [Original] (ECHCBM02081102024) with WILL/1259/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sahana Manjesh and Pritha Paul, 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 Geraldine Gonsalves d/o Sheila Gonsalves, being the Sole Surviving Executrix named under the Will of the deceased. Deceased Andrew Joseph Gonsalvez, said to have died at Pune on 25.04.2021. 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. Sahana, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Goa on 06.05.2001. The said Will is in English language.

3. Ms. Sahana, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Christian. It is submitted that the parents of the deceased predeceased the deceased. The said deceased died leaving behind his widow, two daughters and two sons. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4. Petitioner's Oath is filed.

The other Executor, David Gonsalvez @ David Gonsalves @ David Anthony Gonsalves died on 30.06.2011 and Exhibit - C to the Petition is the copy of his death certificate. Consent Affidavits of widow, two sons and two daughters of the deceased as mentioned in para - 8 are on record. Affidavits of Alvaro Noronha Ferreira and Satya Costa Ferreira, both the attesting witnesses to the Will are 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.

24.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master