Louella Philomena Dlyma v. Gordon Adol Dlyma
2 131.TP/27/2026 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 04th March, 2026 FOR COMPLIANCE:
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131. TP/27/2026 (AMH20240131736C202500002) with WILL/2/2026 Ms. Beverly Fernandes Ld. Advocate for the Petitioner P.C.:
1) Petitioner, namely Louell Philomena Dlyma, filed this petition for grant of Letters of Administration with Will Annexed, being the one of the legatees under the Will executed by GORDON ADOL DLYMA (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 08-09-2025. 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 executor, namely Blaise Ferreira and Shellsea Fernandes, have relinquished executorship by filing an affidavits at page No. 30 to 38 of the petition. The petitioner is the legatee under the Will. Hence, the petition is tenable.
4) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Mumbai on 12.03.2025, 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. 5) Ld. Advocate for the petitioner submits that the testator is survived by Widow(Petitioner) and Sile) Rodrigues, Blain Anton Dlyma, 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. 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.
6) 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
2 131.TP/27/2026 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.
7) The petitioner has filed the affidavit of Basil Ferreira 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 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. 8) Properties mentioned in the schedule-I of the petition are referred in the Will.
9) Other legatees, namely Silel Rodrigues and Blain Anton Dlyma, have given consents to grant Letters of Administration to petitioner. 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, renouncing the right of the Executors namely Blaise Ferreira and Shellsea Fernandes, 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.
04th March, 2026 Officer on Special Duty, with Testamentary Department