Bombay High CourtTP/3202/2024grant issued

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

2025-09-30Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 30th September, 2025 CALLED FOR HEARING :

TP/3202/2024 (E-filing) Ms. Twinkle S. Unde 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 and widow have given their consents in favour of the petitioner. Consent Affidavits are on record. The consent Affidavit of Widow of deceased namely Maura Sarina Athaide has been separately uploaded. 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. 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.

30.09.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR