Mohammed Salim Ansari v. Marie Anthoni Crasto Alias Mari Anthoni Krasto

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 27th November, 2025 CALLED FOR DIRECTION:

8. CHOL/ 608/2025 AMH20230055359C20250 ) ) ) ) Shri R.S. Motwani, Advocate for the Applicant / Petitioner.

IN TP /3026/2022 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon ALL CONCERNED of the deceased, by way of substituted service as per schedule annexed to the Chamber Order. 2.

Perused the schedule. The Applicant applies for publication of Notice in two newspapers viz. "Free Press Journal" in English Language and in "Prajavahini" in vernacular language i.e. Kannada.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit in support that, the Applicant had filed the Petition for Letters of Administration with Will annexed to the property and credits of late Marie Anthoni Crasto alias Mari Anthoni Krasto, the deceased. It is further stated that, the deceased was a spinster and her parents were predeceased to her and the deceased don't have any brother and sister. It is further stated that, the deceased was residing with the Applicant family during her lifetime and the Applicant was Sole beneficiary under registered last Will and Testament dated 27th November 2014 of the deceased and same was duly registered on 27th December 2014 before the Joint

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Registrar, Mumbai City 5. It is further stated that, there is no executor of the Will appointed by the deceased in her Will. It is further stated that, the Applicant had tried to search and locate the brothers and sisters and also known persons of the deceased and enquired from neighbours and nearby known persons but did not get any information about brothers, sisters and any other legal heirs of the deceased. The Applicant, therefore, requested to permit him to publish the Notice in two newspapers viz. "Free Press Journal" in English Language and in "Prajavahini" in vernacular language i.e. Kannada having circulation in Bangalore, by way of substituted service upon ALL CONCERNED legal heir of the deceased. 4.

Heard. Ld. Advocate for the Applicant submits that, the Applicant had filed the Petition for Letters of Administration with Will annexed to the property and credits of late Marie Anthoni Crasto alias Mari Anthoni Krasto, the deceased. He further submits that, as per the office objections the Citation in the above Petition is required to be served by way of substituted service to Legal Heirs of the deceased, whose whereabouts are not known. He further submits that, the deceased was a spinster and his parents are predeceased to her and the deceased don't have any brother and sister. He further submits that, the deceased was residing with the Applicant family during her lifetime and the Applicant was Sole beneficiary under registered last Will and Testament dated 27th November 2014 of the deceased and same was duly registered on 27th December 2014. He further submits that, the Applicant had tried to search and locate the brothers and sisters and also known persons of the deceased and inquired from neighbors and nearby known persons but did not get any information about brothers,

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sisters and any other legal heirs of the deceased. He further submits that, there is no executor of the Will appointed by the deceased in her Will. He, therefore, prays that the Chamber Order be allowed. 5.

Perused para 7 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Prajavahini" in vernacular language i.e. Kannada widely circulated in Bangalore, by way of substituted service upon ALL CONCERNED within four weeks from the date of uploading this Order. Applicant to file the affidavit of publication once the citation is published within two weeks thereafter.

6.

Registry is directed to issue fresh citation, if required 27.11.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk