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Bombay High CourtTP/5188/2025grant issued

Conrad David Fernandes v. Salvador Xavier Fernandes Deceased

2026-01-30Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 30th January, 2026 CALLED FOR HEARING :

TP/5188/2025 (E-filing) WITH WILL/2003/2025 Ms. Priscilla Samuel a/w. Royce Samuel, 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 Conrad David Fernandes being one of the Executors named under the Will of deceased. The deceased namely Salvador Xavier Fernandes died at Mumbai on 27.03.2025. 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 20.01.2025. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executor appointed under the Will. Petitioner is one of the executors and another executrix namely Jenniffer Salvador Fernandes has reserved her rights to act as Executrix and Affidavit dated 26.08.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 4(d) of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by his widow, two sons and one daughter. Out of them one son is petitioner herein and widow, another son and daughter have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Walter D'souza and Dominic Silvano Fernandes dated 09.09.2025 and 26.08.2025 both the Attesting Witnesses to the Will are filed respectively. Affidavit of Service of General Citation dated 05.12.2025 is filed. Delay is explained and the same is condoned. 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.

30.01.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR