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Bombay High CourtTP/4184/2024grant issued

Pravin Dattatray Shinde v. Anne Dsouza Alias Anne Baptista Dsouza (Deceased)

2026-02-05Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 5th February, 2026 CALLED FOR HEARING :

TP/4184/2024 (E-filing) WITH WILL/1658/2024 Ms. Rajashri Nadiger, 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 Pravin Dattatray Shinde being sole Executor named under the Will of deceased. The deceased namely Anne D'souza died at Mumbai on 13.11.2023. 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 her last Will and Testament which was duly executed at Mumbai on 27.07.2017. The said Will is in English language. The 4th para on page No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at 1st para of page No. 4 of the Will refers to all estate of deceased.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Deceased had two brothers who both were predeceased the deceased. One sister-in-law of deceased predeceased the deceased. Another sister-in-law of deceased re-married. Both the brothers of deceased died issue-less. Since, petitioner has not aware any other legal heirs, service of citation has been served through newspaper publication as per per order dated 03.07.2025 passed in CHOL No. 281 of 2025 and Affidavit of Service of publication dated 03.02.2026 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Jitendra Mahadev Bare dated 10.04.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 30.01.2024 is filed. Delay is explained and the same is condoned. 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.

05.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR