Derrick John Baptist Dsilva Son Of Cyril Michael Dsilva v. Cyril Michael John Baptist D Silva Alias Cyril Michael D Silva Deceased

Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 02nd May, 2025 FOR COMPLIANCE:

155. TP/899/2025 (AMH20220000519C P. C. : Ms. Sarita Sonawane Ld. Advocate for the Petitioner 202500001) with WILL/356/2025 1) This petition is filed by petitioner, being sole beneficiary under the Will executed by Cyril Michael John Baptist D Silva alias Cyril Michael D'silva alias Cyril Michael D'Silva S/o. John Baptist D'Silva (herein after the same is referred to as "Testator"), for grant of a Letters of Administration with Will annexed. Said Testator said to have died at Mumbai on 12-10-2023. Petitioner, namely Derrick John Baptist Dsilva S/o. Cyril, filed the copy of death certificate, identity proof of the testator, Will, petitioner's oath.

2) Perused petition. Heard Ld. Advocate for petitioner. Perused documents.

3) No executor has been appointed under the Will. The petitioner is the One of the legatee under the Will. Hence, petition is tenable.

4) Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Mumbai on 24.03.2022, in English language. The original 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.

5) Ld. Advocate for petitioner submits that testator is survived by legal heirs, whose details are given in the petition, as per the provisions of Indian Succession Act, 1925. The petitioner affirmed that there are no other legal heirs of the deceased, except mentioned in the petition. Legatees who are Legal heirs of the testator have

consented to the petition and thereby waived the service of Citation.

6) 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 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.

7) The petitioner has filed the affidavit of Navi Andrade s/o Joseph Andrade 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 as well as presence of another witness, after going through its contents. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will. According to him Will was explained and read over to the testator. Hence, there is sufficient compliance of the Rule 419 of the Rules.

8) Properties mentioned in the schedule-I of the petition are referred in the Will.

9) 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, upon satisfaction that the

administration Bond is properly executed, as per the Rules, 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.

02nd May, 2025 Officer on Special Duty, with Testamentary Department