Deborah Savio Pereira v. Lily Eustace Pimenta Alias Lily Pimenta (Deceased)
Case brief
What is this about?
Keywords: Rule 422 OS Rules; Rule 422(b); Bombay High Court Original Side Rules 1980; non-consenting legatee; dispensation of surety/justification of surety; Letters of Administration with Will annexed; Citation service; Caveat; indemnity bond; Testamentary Petition. Bench: Milind N. Jadhav, J. Parties: Petitioners Deborah Savio Pereira and Sharon Kristina Singh (Adv. Dinesh Wani, Senior Advocate, i/b Padmakar Tripathi); estate of Lily Eustance Pimenta (deceased, Will dated 07.05.2013); non-consenting legatee Mrs. Marina Coates. Held: surety justification dispensed since cited legatee filed no Caveat; LA to issue within 3 weeks; indemnity bond adequate; petition allowed and disposed.
What did the court decide?
Dispensation with justification of surety for the share of non-consenting legatee Mrs. Marina Coates under Rule 422 of OS Rules; Registrar of Testamentary Department directed to issue Letters of Administration to the Petitioners within 3 weeks; indemnity bond to suffice as adequate surety; Testamentary Petition allowed and disposed subject to office objections.