Shalini Virgenia Soares v. Anthony Vincent Soares (Deceased )
2 119.TP/4559/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 17th February, 2026 FOR COMPLIANCE:
119.TP/4559/2025 [Original] (ECHCBM02036322024) with WILL/1703/2025 ) ) ) Mr. Prithrish Purohit i/b. Lex Purohit, Ld.
Advocate for the Petitioner.
P.C.:
1) Petitioner, namely SHALINl VIRGENIA SOARES, filed this petition for grant of Letters of Administration with Will Annexed, being the one of the legatees under the Will executed by ANTHONY VINCENT SOARES (herein after the same is referred to as "Testator"), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at Mumbai on 29-05-1993.
2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioner, filed the copy of death certificate, affidavit for dispensation of a requisition to produce an identity proof of the testator, Will and petitioner's oath.
3) The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short "Rules"). 4) The executor, namely Aloysius Soares, is reported to have died on 16.04.2017 and his death certificate has been filed on the record. The petitioner is the one of the legatee under the Will. Hence, the petition is tenable.
5) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Mumbai on 29.10.1992, in English language. The Will is handed over separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay. 6) Ld. Advocate for the petitioner submits that the testator is survived by His widow-Martha da Costa Soares Alias Martha Soares, Gerard Vinod Soares, Clare Marygrace Dantas alias Marygrace Cave Dentas and petition as his legal heirs, whose details are given in the petition's paragraph No. 10, as per the provisions of the Indian Succession Act, 1925. Aloysius Soares Alias Aloysius Rajendra Soares since deceased the deceased and he was bachelor at the time of his death. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition. Legal heirs of the testator have consented to the petition and thereby waived the service of Citation.
2 119.TP/4559/2025 7) Citation to all Concern was issued and same has been duly affixed on the conspicuous part of the Hon'ble High Court and notice board of the Collector's Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980(for short "BHC Rules") and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.
8) The petitioner is unable to file the affidavit of the Attesting witnesses to the Will. Hence, he has obtained an order from the Hon'ble Court, dated 15.10.2025 and the Hon'ble Court has accepted the affidavit of Sunil Kumar More, vide Rule 384 of the Bombay High Court (OS)Rules, 1980. This witness was present at the time of Execution of the Will, he was personally present in Hinduja Hospital, Mumbai. He deposed that deceased signed the Testament in his presence and the testator was in sound state of mind at the time of execution of the Will. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will. 9) Properties mentioned in the schedule-I of the petition are referred in the Will.
10) Other legatees, namely Gerard Vinod Soares, Clare Marygrace Dantas alias Marygrace Cave Dentas, have given consents to grant Letters of Administration to petitioner.
11) Petitioner has executed the administration Bond in the prescribed format. Hence, following order:
ORDER
1) Petition is granted.
2) Office to issue Letters of Administration with Will annexed to the petitioner, as per the Rules, having effect throughout the State of Maharashtra. 3) Before issuance of Letters of Administration with Will, the office to verify that there is no cross Petition is pending or caveat is filed. Office to act accordingly.
17th February, 2026 Officer on Special Duty, with Testamentary Department