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Bombay High CourtCHOL/285/2025disposed off

Florence Emidio Vaz v. Rev Fr Timothy Vaz S O Filipe Xavier Vaz Alias Reverend Fr Timothy Vaz

2025-07-03E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 03rd July, 2025 CALLED FOR DIRECTION:

10.CHOL/285/2025 AMH20230034412C202500005 In TP(L)/9778/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Pravinchand B. Gole i/b. Mr. Amit Ghurye, Advocate for the Applicant / Petitioner.

P. C. :

1.

By the present Chamber Order the Applicant seeks permission to amend the Petition and to convert the Petition for Probate as per the Schedule annexed to the Chamber Order.

2.

Perused the Affidavit in Support dated 10th June, 2025, the Applicant has stated in the Affidavit that the present Petition for Letters of Administration was filed by the nephew of the deceased on the ground that both the Attesting Witnesses under the Will of the deceased were not traceable. The Applicant has further stated that the Applicant has now located a Third Party Witness, who was present at the time of execution of the Will dated 22nd March 2005, by the deceased. The Applicant therefore prayed for permission to convert the above Petition for Letters of Administration into a Petition for Probate and also prayed for permission to carry out amendment as per the Schedule of amendments annexed to the Chamber Order.

3.

Heard, the Ld. Advocate for the Applicant submits that the Petition for Letters of Administration of the deceased was filed by the nephew of the deceased as the Witnesses to the Will of the deceased were not traceable. He further submits that the Applicant found a Third ..2/-

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Person who was present at the time of execution of Will of the deceased. He therefore prays that the Applicant be permitted to convert the present Petition for Letters of Administration into Petition for Probate of the Will of the deceased and to carry out the amendments as per Schedule of amendment annexed to the Chamber Order.

4.

Considering the avernments made in the Affidavit in Support, the Chamber Order is allowed. The Applicant / Petitioner is directed to carry out amendment and consequential amendments as per the Schedule of amendment annexed to the Chamber Order within three weeks from today.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 03.07.2025