Clara Anthony Vaz v. Roshan Rustom (Deceased)

Bombay HC7 Oct 2025TP/1140/2024

Case brief

AI extract

What is this about?

Probate of Will dated 30.03.2000 and First Codicil dated 23.12.2000 of deceased Roshan Rustom Mistry (died Mumbai 25.02.2013); petitioner Clara Anthony Vaz sole surviving executor; co-executrix Benny Anthony Vaz died 15.12.2019; no legal heirs; newspaper citation and general citation affidavits of service; Affidavit of John Fernandes under Rule 384 Bombay High Court (Original Side) Rules accepted in lieu of attesting-witness affidavit; probate granted 13.11.2025 by Company Registrar / Testametary Registrar Kavita Y. Ambekar; TP/1140/2024.

What did the court decide?

Grant of probate of the last Will and Testament and First Codicil of the deceased; Office to issue Probate as prayed, subject to verification that no cross petition or caveat is filed. ¶¶9

Clara Anthony Vaz vs Roshan Rustom (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Grant of probate of the last Will and Testament and First Codicil of the deceased; Office to issue Probate as prayed, subject to verification that no cross petition or caveat is filed.

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Issue for consideration

Whether probate of the last Will and Testament and the First Codicil of the deceased Roshan Rustom Mistry ought to be granted to petitioner Clara Anthony Vaz as sole surviving executor.

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Court's answer

Petitioner Clara Anthony Vaz is the sole surviving executor under the Will, the other appointed executrix Benny Anthony Vaz having died on 15.12.2019 (death certificate exhibited).

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Ratio / Principle

The Affidavit of John Fernandes dated 20.09.2025, tendered in compliance with Rule 384 of the Bombay High Court (Original Side) Rules as an Affidavit of Witness to the Will and Codicil, was accepted.

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Key takeaways

All legal formalities having been complied with, the probate petition is granted.ratio¶¶9
The Office is directed to issue Probate as prayed, after verifying whether any cross petition or caveat has been filed.ratio¶¶12

Detailed headnote1 paragraphs

Probate granted - Testamentary Petition TP/1140/2024: Petition by Clara Anthony Vaz, sole surviving executor under the last Will and Testament executed at Mumbai on 30.03.2000 and the First Codicil executed at Mumbai on 23.12.2000 of Roshan Rustom Mistry, who died at Mumbai on 25.02.2013 leaving no legal heirs. The other executrix, Benny Anthony Vaz, died on 15.12.2019 (death certificate, Exhibit 'C'). Citation was published in newspapers (Affidavit of Service dated 10.02.2025); Affidavit of Service of General Citation dated 08.08.2024 filed; petitioner's oath filed. Since the affidavit of the original attesting witness could not be filed, an Affidavit of John Fernandes dated 20.09.2025 was accepted in compliance with Rule 384, Bombay High Court (Original Side) Rules, as an Affidavit of Witness to the Will and Codicil. All legal formalities being complied with, probate was granted on 13.11.2025 by Mrs. Kavita Y. Ambekar, Company Registrar / Testametary Registrar; Office directed to issue probate after verifying that no caveat or cross petition is filed.

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13^th November, 2025

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CALLED FOR HEARING :

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16 TP/1140/2024 (E-filing)

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Mr. Suraj Dessai Almeida, Advocate for petitioner

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PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament alongwith First Codicil of deceased filed by petitioner namely Clara Anthony Vaz being sole surviving Executor named under the Will of deceased. The deceased namely Roshan Rustom Mistry died at Mumbai on 25.02.2013. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Election card is annexed to the petition.

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The deceased left behind her last Will and Testament which was duly executed at Mumbai on 30.03.2000 and the First Codicil was duly executed at Mumbai on 23.12.2000. The said Will as well as First Codicil are in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. As per para No. 5 of the petition another executrix namely Benny Anthony Vaz died on 15.12.2019 and copy of death certificate is annexed to the petition as Exhibit – “C” hence, Petitioner is sole surviving executor.

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Ld. Advocate for petitioner submits that as per para Nos. 8 and 10 of the petition, deceased do not have any legal heirs therefore, petitioner have served the citation through newspaper publication and Affidavit of Service of publication dated 10.02.2025 is filed to that effect. There are no other legal heirs.

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Petitioner's oath is filed. Para No. 9 of the petition states that petitioner has stated the reasons for being unable to file the Affidavit of original Attesting Witness to the Will as well as Codicil. Petitioner therefore, filed Affidavit of John Fernandes dated 20.09.2025 in compliance of provisions of Rule 384 of the Bombay High Court (Original Side) Rules as an Affidavit of Witness to the Will and Codicil. The same is accepted. Affidavit of Service of General Citation dated 08.08.2024 is filed. All other legal formalities are complied with. Hence, petition is granted. ……...2

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SLG

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Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

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13.11.2025

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Clara Anthony Vaz v. Roshan Rustom (Deceased)

Case brief

What is this about?

What did the court decide?

Clara Anthony Vaz v. Roshan Rustom (Deceased)

Case brief

What is this about?

What did the court decide?

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What the court decided

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