Vilma Mary Pereira Alias Vilma Pereira W/O Austin A. Pereira v. Austin Anthony Leo Pereira Alias Austin Anthony Pereira

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd October, 2024 CALLED FOR DIRECTION:

46. TP/3823/2024 Mr. Nandkishor Supal, Adv. i/b. Divya Shah Associates for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02135222024) with WILL/1510/2024 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 Vilma Mary Pereira alias Vilma Pereira w/o Austin A. Pereira, being one of the Executrix named under the Will of the deceased. Deceased Austin Anthony Leo Pereira alias Austin Anthony Pereira, said to have died at Mumbai on 25.06.1996. Copy of Death Certificate is annexed to the Petition. Copy of Passport of the deceased as ID Proof is annexed to the petition.

2. Mr. Supal, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 15.03.1996. The said Will is in English language.

3. Mr. Supal, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act, 1925 applicable to Christians. It is submitted that the Parents of the deceased predeceased the deceased.

Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that Petitioner states that

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the deceased expired on 25th July, 1996.

The Petitioner was not aware about the legal representation to be made for administering the estate of the deceased, as per the Will.

The Petitioner was recently advised to file this Petition and hence there is a delay in filing this Petition. Therefore, the delay caused in filing this Petition may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. The Other executor Brenda Teresa D'Cruz expired and Exh. E is a copy of his death certificate. Consent Affidavits of two sons of the deceased as mentioned in para 8 are on record. Affidavit of Sheetal Neil Pereira nee Sheetal Ezhuthachan, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 22.10.2024