Suresh Narsappa Talwar Alias S N Talwar v. Valerian John Harry Crasto (Deceased)

BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 31st July, 2025 CALLED FOR HEARING :

TP/3180/2024 (E-filing) Ms. Juilee Ghadge, Advocate for petitioners PC : 1. Perused Petition. Heard Ld. Advocate for petitioners. This petition is for Probate of last Will and Testament of deceased filed by petitioners namely Suresh Narsappa Talwar and Vernon Joseph Miranda being Executors named under the Will of deceased. The deceased namely Valerian John Harry Crasto died at Mumbai on 08.09.2009. 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 27.05.2003. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will who are petitioners herein.

3. Ld. Advocate for petitioners submits that parents of deceased predeceased the deceased. Deceased was survived by widow, one son and one daughter. Out of them widow and son have given their consents in favour of the petitioners. Consent Affidavits are on record. Daughter of deceased had filed Caveat (L) No. 10262 of 2025 and it is rejected under Rule 986 of the Bombay High Court (Original Side) Rules, 1980 by an order dated 08.05.2025. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of Ajit Chinubhai Shah dated 03.05.2024 and Merlyn Malu dated 27.04.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 18.09.2024 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. 31.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR