Shalini Virgenia Soares v. Martha Da Costa Soares Alias Martha Soares (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 16th July, 2025 CALLED FOR HEARING :

TP/4624/2024 (E-filing) Mr. Prithrish Purohit i/b. Lex Purohit, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament alongwith Codicil of deceased filed by petitioner namely Shalini Virgenia Soares being sole Executor named under the Will of deceased. The deceased namely Martha Da Costa Soares died at Mumbai on 09.07.2020. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copies of Aadhaar Card and Pancard are annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 11.07.2006 and Codicil was duly executed at Mumbai on 02.09.2019. The said Will and Codicil are in English language. The Para No. 9 of the Will refers to the appointment deceased son namely Aloysius Saoares as Executor however, he predeceased the deceased however, in para No. 6 of the Codicil, deceased had appointed one executor who is petitioner herein.

3. Ld. Advocate for petitioner submits that parents, husband and one son of deceased predeceased the deceased. Deceased was survived by one son and two daughters. Out of them one daughter is petitioner herein and the son and another daughter have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Anil Indulkar dated 15.04.2024 one of the Attesting Witness to the Will as well as Codicil is filed. Affidavit of Sunil Kumar More dated 15.04.2024 one of the Attesting Witness to the Codicil is filed. Affidavit of Service of General Citation dated 25.10.2024 is filed. 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. 16.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR