Allowed

Myra Linda Philomena Miranda v. Oswyn Theodore Miranda (Deceased)

Bombay HC29 Apr 2024TP/344/2024

Case brief

AI extract

What is this about?

Petitioner sought probate of the last will and testament of deceased Oswyn Theodore Miranda. Court noted compliance with legal formalities including consent affidavits and verified the will's execution under the Indian Succession Act, 1925.

What did the court decide?

Directed that office to issue Probate of the Last Will and Testament after verifying no caveat was filed.

Myra Linda Philomena Miranda vs Oswyn Theodore Miranda… — Specific Performance | Bombay HC (2024)

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ssd

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Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master

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Date : 4^th October, 2024

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CALLED FOR DIRECTION:

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TP/344/2024 [Original] (ECHCBM02191652023) with WILL/136/2024

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) Mr. Vishal Golambade, Adv. i/b. Somnath Iyer for the Petitioner.

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)

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) P. C. : 1. Perused Petition which is filed online. ) Heard Ld. Advocate for the Petitioner. This ) Petition is for Probate of Last Will and ) Testament of the deceased filed by the ) Petitioner Myra Linda Philomena Miranda ) being the Executor named under the Will of ) the deceased. Deceased Oswyn Theodore ) Miranda said to have died at Mumbai on ) 25.08.2021. Copy of Death Certificate is ) annexed to the Petition. Copy of Aadhaar ) Card of the deceased as ID Proof is annexed ) to the petition.

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) )

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) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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Mr. Golambade, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 31.10.2009 and 12.01.2009. The said Will is in English language.

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Mr. Golambade, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act, 1925 applicable to Christians. It is submitted that the parents of the deceased predeceased the deceased. Deceased have wife and two sons only. Save and except as mentioned in para –9, there are no other legal heirs and next of kin left by the

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) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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deceased. The Ld. Adv. for the Petitioner submits that the Petitioner were unaware about the legal representation to be made for administering the estate of the deceased, hence there is delay in the filing of the Petition. Therefore, delay in filing the Petition may be condoned. Thus, the delay is explained.

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Petitioner's Oath is filed. Consent Affidavits of two sons of the deceased as mentioned in para 9 are on record. Affidavit of Ashok Kunder, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are filed online. All other legal formalities are complied with. Hence, Petition is granted.

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Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

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

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04.10.2024

Myra Linda Philomena Miranda v. Oswyn Theodore Miranda (Deceased)

Case brief

What is this about?

What did the court decide?

Myra Linda Philomena Miranda v. Oswyn Theodore Miranda (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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