Bombay High CourtTP/4274/2024grant issued

Geraldine Francis Mascarenhas v. Francis John Mascarenhas (Deceased)

2025-01-30Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 30th January, 2025 FOR HEARING :

74. TP/4274/2024 [Original] (ECHCBM02147262024) with WILL/1700/2024 P. C. :

Shri. Kaustub Javle Ld. Advocate for the Petitioner

1. Ld. advocate for the petitioner prayed to allow the petitioner to amend the petition as stated in the praeicpe dated 30/01/2025.

2. Petitioner states that the she is widow of the deceased. Prior to the marriage with the deceased, she had married with another man and from the said wed lock she had a daughter, namely Sharmine Adrien Lazars (Nee Sharmin Mascarenhas. After subsequent marriage with the deceased, the deceased adopted the said daughter vide a deed Exh.

B-1(Page Nos. 22a to 22h of the petition).

3. Ld. advocate for the petitioner submits that there is no provision in Christian Laws to adopt the child. Hence, name of the said daughter is to be deleted and names of persons kindred to the deceased have to be mentioned in the legal heir's column as per Sec. 33(b) of the IS Act.

4. It would be proper to go through the provisions of adoption, if any, applicable to the Christian person, before passing any order. Hence, adjourned. Ld. advocate to assist on this point.

5. S.O. to 16.02.2025 30.01.2025 Officer on Special Duty, with Testamentary Department