Janelle Dominica Geraldine Murzello v. Trevor Jude Murzello
1 100.TP/5731/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 27th January 2026 FOR COMPLIANCE:
100. TP/5731/2025 (AMH20230026409C202500028) with WILL/2102/2025 ) ) ) ) Shri. Robert Gibbs Ld. Advocate for the Petitioner P.C.:
1) Petitioner, namely Janelle Dominica Geraldine Murzello, filed this petition for grant of Letters of Administration with Will Annexed, being the representative of sole legatee under the Will executed by Trevor Jude Murmllo (herein after the same is referred to as "Testator"), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at Mumbai on 23.05.2021.
2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioner, filed the copy of death certificate, an identity proof of the testator, Will & petitioner's oath.
3) The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short "Rules"). 4) The executor, namely Deanna Rita Murzello. is reported to have died on 14.03.2023 and his death certificate has been filed on the record. The petitioner is the Being the representative of the sole legatee (Deanna Rita Murzello) under the Will. Hence, the petition is tenable.
5) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Mumbai on 09.03.2014, in English language. The Will is handed over separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay. 6) Ld. Advocate for the petitioner submits that the testator is survived by his widow (Deanna Rita Murzello) and son-Petitioner as his legal heirs, whose details are given in the petition's paragraph No. 10, as per the provisions of the Indian Succession Act, 1925. Widow died on 14.03.2023. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition.
7) Citation to all Concern was issued and same 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
2 100.TP/5731/2025 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.
8) The petitioner has filed the affidavit of Anand Nair 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 and the testator was in sound state of mind at the time of execution of the Will. 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 all additions and alteration in a Will were existed at the time of execution before signing the Will. Hence, there is sufficient compliance of the Rule 383 of the Rules.
9) Properties mentioned in the schedule-I of the petition are referred in the Will. 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, as per the Rules, having effect 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.
27th January 2026 Officer on Special Duty, with Testamentary Department