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Bombay High CourtTP/4937/2025disposed off

Akash Austin Jamble v. Gladys Constantine Fernandes

2025-11-14Hon'Ble Shri Justice Milind N. Jadhav2 pages

P52.TP.4973.2025 HARSHADA SAWANT ( P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE TESTAMENTARY AND INTESTATE JURISDICTION JURISDICTION TESTAMENTARY PETITION NO. 4937 OF 2025 TESTAMENTARY PETITION NO. 4937 OF 2025 WITH WITH WILL NO.1903 OF 2025 WILL NO.1903 OF 2025 Gladys Constantine Fernandes .. Deceased Akash Austin Jamble .. Petitioner ....................

 Mr. Gaurav Pravin Banchode, Advocate for the Petitioner. ...................

CORAM : MILIND N. JADHAV, J.

DATE : NOVEMBER 14, 2025 P.C.

:

1.

Heard Mr. Saraf, learned Advocate for Petitioner. 2.

This Testamentary Petition seeks issuance of probate in respect of the last Will and Testament dated 01.09.2017 of deceased Gladys Constantine Fernandes who expired on 18.07.2021 at Mumbai. Petition is filed by the Executor. Apart from the Petitioner, the details of other legal heirs are stated in paragraph No.9 of the Petition. Consent Affidavits dated 25.07.2025 and 12.07.2025 of the said legal heirs are appended to Petition.

3.

The Affidavits of the attesting witnesses are appended to the Petition.

4. The Executors' oath is appended to the Petition. I have perused the same. The same is in order.

5. In view of the above, there can be no impediment in allowing the Petition. Hence, Petition stands allowed in terms of prayer clause which reads thus:- "The Petitioner therefore prayes that a Probate may be granted to the Petitioner having effect throughout the state of Maharashtra."

6.

The Testamentary Department is directed to issue grant / probate to the Petitioner within a period of six weeks from today, subject to all requisite compliances and strictly in accordance with law.

7.

Issuance of proclamation, if any, stands dispensed with. 8.

Testamentary Petition is disposed.

[ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.11.17 17:09:00 +0530 HARSHADA HANUMANT SAWANT