Hans Vijay Savio Athaide v. Vincent Francis Gregory Athaide (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 6th August, 2025 CALLED FOR HEARING :

TP/3202/2024 (E-filing) Mr. Sachin Mhaske i/b. Manohar Mhaskar, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Hans Vijay Savio Athaide being one of the Executors named under the Will of deceased. The deceased namely Vincent Francis Gregory Athaide died at Mumbai on 26.08.2022. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 14.05.2022. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Charmaine Athaide has reserved her rights to act as an Executor and Affidavit dated 18.11.2024 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow, one son and one married daughter. Out of them son is petitioner herein and the daughter has given her consent in favour of the petitioner. Consent Affidavit is on record. Consent Affidavit of widow of deceased namely Maura Sarina Athaide has not been affirmed hence, Advocate to take steps. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Jayvant Tanaji Gholap dated 26.01.2023 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 30.08.2024 is filed.

5. Ld. Advocate for petitioner file praecipe to place on board as ad when all compliance is done in this matter.

06.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR