Mohan Ignatius Roche v. Joan Lucy Babcock W/O Ronald Babcock

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

47. TP/3824/2024 Mr. Nandkishor Supal, Adv. i/b. Divya Shah Associates for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02111322024) with CHOL/396/2024 with WILL/1511/2024 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 Mohan Ignatius Roche, being the sole Executor named under the Will of the deceased. Deceased Joan Lucy Babcock w/o Ronald Babcock, said to have died at U.S.A on 25.12.1988. Copy of Death Certificate is annexed to the Petition. Petitioner has filed Affidavit dated 16.06.2024 Id Proof of the deceased is annexed.

2. Mr. Supal, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 18.01.1977. 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 father of the deceased predeceased the deceased.

Mother and husband since deceased. Save and except as mentioned in para -9, 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 28th December, 1988 the Petitioner was not aware about the legal representation to be made for administering the estate of the deceased. The Petitioner is recently advised to file this Petition for probate and it took some time to gather information & documents required for this petition. The delay therefore, caused in filing this Petition may be condoned. Thus, the delay is explained. The Ld. Adv.

for the Petitioner has filed additional affidavit dated 30.09.2024 pursuant to the order passed by the Hon'ble Shri Justice N.

J. Jamadar on 04.10.2024.

4. Petitioner's Oath is filed. There is affidavit dated 05.10.2024 of service of publication of citation in newspapers for legal heirs of the husband of the deceased.

Affidavit of Susamma Oommen, in lieu of the affidavits of attesting witness to the Will has been accepted by the Hon'ble Court vide order dated 04.10.2024. 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