Sushil Charanjitlal Sabarwal v. Mery Sabstin Manuel Fernandes Alias Mery Fernandes (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 17th October, 2024.

CALLED FOR COMPLIANCE :

55. TP/4207/2024 [Original] (ECHCBM02157182024) with WILL//1668/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. U. Lakdawala, Advocate for the Petitioner. 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 Sushil Charanjitlal Sabarwal, being one of the Executors named under the Will of the deceased. Deceased Mery Sabastin Manuel Fernandes alias Mery Fernandes alias Maria Fernandes alias Mary Fernandes, said to have died at Mumbai on 21.09.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Lakdawala, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 03.08.2022. The said Will is in English language.

3. Mr. Lakdawala Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925. It is submitted the The said Deceased had no son. The said Deceased died leaving behind her 2 Daughters. The husband of the said Deceased Mr.

Sabastian Manuel Fernandes died on 20-121985 and Exhibit "D" is a Photocopy of the Death Certificate he pre-deceased the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Deceased. Parents of Deceased pre-deceased the Deceased. Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed.

The other Executor, Anand Alphonso Dominic Sequeira has filed his Affidavit dated 09.07.2024 reserving his right as Executor. Consent Affidavit of both the daughters of the deceased as mentioned in para - 8 are on record. Affidavit of Sushil Charanjitlal Sabarwal, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also 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.

17.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master