Regina Violanta Bella Monteiro And 5 ORS v. Peter Cajetan Travasso (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 15th July, 2025 CALLED FOR HEARING :
TP/1499/2025 (E-filing) Ms. Natasha Kasad i/b. Darryl Pereira, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioners namely Regina Violanta Bella Monteiro, Luiza Rathore, Christie Dlima, John George Travasso and Kimber Antonio Travasso being Executors named under the Will of deceased. The deceased namely Peter Cajetan Travasso died at Mumbai on 24.07.2021. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.
2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 13.05.2010. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executors. Only five Executors appointed under the Will who all are petitioners herein. Copy of the Will is not legible and therefore, objection was raised by the Registry hence, Ld. Advocate for petitioner moved before the Hon'ble Court and the Hon'ble Court has been pleased to direct by an order dated 07.03.2025 that liberty to move before the Registry for grievance that is raised before the Court. Ld. Advocate for petitioner submits that deceased was survived by five legal heirs and who all are petitioners herein therefore, there won't be any issues that can be raised in the petition in future. Ld. Advocate states that they have no objection, if the grant is issued as per the copy of the Will available on record. The said statement is accepted.
3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by two sons and three daughters who all are petitioners herein. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Dr. T. V. Vaswani dated 09.01.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 15.04.2025 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. 15.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR