Milton Joseph Fernandes v. Bosco Archibald Fernandes

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13th February, 2026 CALLED FOR HEARING :

TP/4582/2025 (E-filing) WITH WILL/1695/2025 Mr. Diptendu Bose, 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 petitioner namely Milton Joseph Fernandes being Executor named under the Will of deceased. The deceased namely Bosco Archibald Fernandes died at Mumbai on 02.02.2025. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 10.06.2021. The said Will is in English language. The Para No.2 of the Will refers to the appointment of Executors. Only one Executor appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at para No. 8 of the Will.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by one son and one daughter. Out of them son is petitioner herein and daughter has given her consent in favour of the petitioner herein. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Mercia Almeida dated 20.11.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation is not filed. Delay is explained and the same is condoned.

5. Liberty to move for listing the matter on compliance of requisition stated in Bold hereinabove.

13.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR