Margaret Patel Alias Margaret Manhar Patel v. Jamna Gloo Ufino Gmes (Deceased)
1 95.TP/5316/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 25th November, 2025 FOR COMPLIANCE:
95. TP/5316/2024 (AMH20230034361C20240000 8) With WILL/2144/2024 ) ) ) ) Shri. Rahul Bothra Ld. Advocate for the Petitioner P.C.:
1) Petitioner, namely Margaret Patel @ Margaret Manhar Patel, filed this petition, being the sole legatee under the Will executed by Jarnna Glorio Rufmo Gomes (herein after the same is referred to as "Testatrix"), for the grant of a Letters of Administration with Will annexed. The Said Testatrix said to have died at Mumbai on 13-05-2012.
2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioner, filed the copy of death certificate, 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 executors, namely (1) Anil Advani and (2) Mrs. Gauri Biharilal Jumani, were served with the citation, issued by the Hon'ble Court vide Sec. 229 of the IS Act. However, they failed to apply for the Probate. Hence, vide Court's order dated 17.07.2025, this petition is taken up for verification of compliance as per the Chapter XXVI of the Bombay High Court ( O. S.) Rules, 1980. The petitioner is the sole Legatee under the Will. Hence, the petition is tenable.
5) Petitioner stated that the deceased left behind her last Will and Testament, which was duly executed at Mumbai on 20.07.2010, in English language. The Will is handed in separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay. 6) Ld. The advocate for the petitioner submits that the Testatrix is survived by legal heirs, whose details are given in the petition's paragraph No. 11, as per the provisions of Indian Succession Act, 1925. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition. Legal heir of the testatrix has consented to the petition and thereby waived the service of Citation.
7) Citation was issued, which has been duly affixed on the conspicuous part of the Hon'ble High Court and notice board of the Collector's Office at
2 95.TP/5316/2024 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 has filed the affidavit of Kirit R Patel one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased signed the Testament in his presence. 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) Petitioner has executed the administration Bond in the prescribed format. Hence, following order:
ORDER
1) As per the order dated 17.07.2025 Office to issue Letters of Administration with Will annexed to the petitioner, renouncing the right of the Executors namely (1) Anil Advani and (2) Gauri Biharilal Jumani, as per the Rules, having effect throughout the State of Maharashtra. 2) 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.
25th November, 2025 Officer on Special Duty, with Testamentary Department