Marian Savio Justine Braganza alias Savio Ignatius Braganza alias Savio Braganza vs Ignatius Emile Braganza alias Inacio Emiliano Braganza alias Ignatius Emil Braganza (Deceased) — Bombay HC (2025) — LawSathi Research

Marian Savio Justine Braganza alias Savio Ignatius Braganza alias Savio Braganza vs Ignatius Emile Braganza alias Inacio Emiliano Braganza alias Ignatius Emil Braganza (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dispensation of the justifying surety of the non-consenting legatees granted in terms of prayer clause (a); Testamentary Petition allowed and disposed subject to filing of appropriate indemnity bond, administration bond etc.; Department directed to issue the Grant to the Petitioner in accordance with law within four weeks.

Issue for consideration

Whether the requisition requiring the Petitioner to justify the shares and sureties of the non-consenting legal heirs can be dispensed with under Rule 422 of the High Court (Original Side) Rules, 1980. +1 more

Court's answer

Having regard to the facts that the son had consented, the wife and son were ad idem, and the three married daughters, though served, filed neither consent nor caveat, the Court saw no reason why the Interim Application should not be granted.

Ratio / Principle

The Interim Application was allowed in terms of prayer clause (a), dispensing with the justifying surety of the non-consenting legatees Maryann Lynette Candaline D'Lima, Mariette Pamela Fernandes and Maria Gladys Archangela D'Souza, the Petitioner having undertaken to indemnify and keep indemnified the Court and the Registry and all other requisitions standing complied with.

Key takeaways

Subject to the Petitioner filing the appropriate indemnity bond, administration bond etc. as required to justify the surety of the non-consenting legal heirs, the Testamentary Petition stands allowed.ratio¶Judgment ¶6

Detailed headnote1 paragraphs

Bombay High Court, Testamentary and Intestate Jurisdiction (Milind N. Jadhav, J., 14 November 2025): In IA No. 2632 of 2024 with Testamentary Petition No. 3455 of 2022 (Will 1353 of 2022) concerning the estate of Ignatius Emile Braganza (deceased), the Court allowed dispensation under Rule 422 of the High Court (Original Side) Rules, 1980 of the requisition requiring justification of the shares and sureties of non-consenting legal heirs. The deceased left five legal heirs; the applicant-petitioner is one of them; the son consented and the wife and son were ad idem; three married daughters, though served, filed neither consent nor caveat. Relying on the Petitioner's undertaking to indemnify and keep indemnified the Court and the Registry, and all other requisitions standing complied with, the Interim Application was allowed in terms of prayer clause (a), dispensing with the justifying surety of legatees Maryann Lynette Candaline D'Lima, Mariette Pamela Fernandes and Maria Gladys Archangela D'Souza. The Petition, pending over four years, was allowed subject to the Petitioner filing appropriate indemnity bond, administration bond etc., and the Department was directed to issue the Grant within four weeks.

55. IA-2632-24.docx

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

INTERIM APPLICATION NO. 2632 OF 2024

WITH TESTAMENTARY PETITION NO. 3455 OF 2022 WITH

WILL 1353 OF 2022

Ignatius Emile Braganza alias Inacio Emiliano Braganza alias Ignatius Emil Braganza alias Inacio Emiliano Braganza alias Ignatius Emil Braganza alias Inacio Emiliano Braganza alias Ignatius Emile Jeronomo Braganza

.. Deceased

Marian Savio Justine Braganza alias Savio Ignatius Braganza alias Savio Braganza

Applicant .. (Org. Petitioner)

Mr. A.K. Molly i/by N.M. Fulwadiwala, Advocates for Applicant - Org. Petitioner

CORAM : MILIND N. JADHAV, J. DATE : NOVEMBER 14, 2025

P. C.:

1. Heard Mr. Molly, learned Advocate for Applicant / Org. Petitioner.

2. Present Interim Application seeks dispensation of requisition requiring the Petitioner to justify shares and sureties of nonconsenting legal heirs seeking dispensation thereof under Rule 422 of the High Court (Original Side) Rules, 1980. Details of deceased and all his legal heirs are stated in a concise statement of affidavit in

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55. IA-2632-24.docx

paragraph Nos. 2 to 5 onwards. There are 5 legal heirs. One is the Petitioner before me. Son of the deceased has given his consent. Deceased has 3 married daughters who are married and staying elsewhere. They have been served but they have not filed their consent neither any caveat. Wife and son of deceased are ad idem.

3. In view of the grounds enumerated in paragraph Nos. 7 to 10, I do not see any reason as to why in the aforesaid facts, present Interim Application should not be granted. Petitioner has undertaken to indemnify and keep indemnifies this Court and the Registry in accordance with law. All other requisitions stand complied with.

4. In view of the above facts, present Application is allowed in terms of prayer clause (a) which reads thus:-

"(a) This Hon'ble Court be pleased to dispense with the justifying surety of non-consenting legatee viz. 1) Maryann Lynette Candaline D'Lima 2) Mariette Pamela Fernandes and 3) Maria Gladys Archangela D'Souza, in view of the undertaking given by the Applicant (Org. Petitioner) in paragraph Nos. 9 and 10 of present Interim Application."

5. In view of allowing the present Application, there can be no further impediment in granting the Petition which has remained pending on record and file of the Court for the past more than four years.

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55. IA-2632-24.docx

6. Petitioner is directed to file appropriate indemnity bond,

administration bond etc. as required to justify the surety of nonconsenting legal heirs. Subject to the above, Petition stands allowed.

7. Department is directed to issue Grant to Petitioner in accordance with law within a period of four weeks from today.

8. Testamentary Petition is allowed and disposed. Interim Application is also disposed.

Amberkar

[ MILIND N. JADHAV, J. ]

Digitally signed RAVINDRAMOHAN by RAVINDRAMOHANAMBERKAR AMBERKAR Date: 2025.11.15 13:17:07 +0530

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