Allowed¶10

Cletus Holand Dias v. Arnold Lawrence Drego (Deceased)

Bombay HC28 Mar 2025TP/4105/2024

Case brief

AI extract

What is this about?

Probate petition granted under 15 TP/4105/2024; testator Arnold Lawrence Drego died at Mumbai on 27.08.2020; Will executed at Mumbai on 09.07.2020; sole Executor and petitioner Cletus Holand Dias; attesting witness affidavit of Sheldon Patrick Rodriques dated 29.12.2020; Affidavit of Service of General Citation dated 15.04.2025; Consent Affidavit of surviving nephew; predeceased son Kreisler Joseph Drego died 04.02.2019 unmarried; no other legal heirs; probate issuance conditioned on verification that no cross petition or caveat is filed; decided 18.09.2025 by Company Registrar / Testamentary Registrar.

What did the court decide?

Probate to be issued to the petitioner as sole Executor of the Will as prayed, after the Office verifies that no cross petition or caveat has been filed. ¶10

Cletus Holand Dias vs Arnold Lawrence Drego (Deceased) — Bombay HC (2025) — LawSathi Research

¶1

SLG

¶2

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 18^th September, 2025

¶3

CALLED FOR HEARING :

¶4

15 TP/4105/2024

¶5

Ms. Pratiksha Babar i/b. K S Jadhavar, Advocate for petitioner

¶6

PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Cletus Holand Dias being sole Executor named under the Will of deceased. The deceased namely Arnold Lawrence Drego died at Mumbai on 27.08.2020. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

¶7

The deceased left behind his last Will and Testament which was duly executed at Mumbai on 09.07.2020. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.

¶8

Ld. Advocate for petitioner submits that parents and widow of deceased predeceased the deceased. Son of deceased namely Kreisler Joseph Drego died on 04.02.2019 as bachelor. Ld. Advocate for petitioner submits that deceased had no brother and had one sister who is predeceased the deceased leaving behind two sons. Deceased was survived by two nephews. Out of them one nephew is petitioner herein and another nephew has given his consent in favour of petitioner herein. Consent Affidavit is on record. There are no other legal heirs.

¶9

Petitioner's oath is filed. Affidavit of Sheldon Patrick Rodriques dated 29.12.2020 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 15.04.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

¶10

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

¶11

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

¶12

18.09.2025

Cletus Holand Dias v. Arnold Lawrence Drego (Deceased)

Case brief

What is this about?

What did the court decide?

Cletus Holand Dias v. Arnold Lawrence Drego (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Khemraj Omprakash Rajput vs Kusum Ruhela @ Kusum Sohanpal Ruhela (Deceased)

Shyam Bhalchandra Basrur vs Chanrakant Laxmanrao Basrur (Deceased)

Kamaljit Singh Harchara Singh Sandhu vs Harcharan Singh Mahan Singh Sandhu (Deceased)

Ratanchand Poonamchandji Jain vs Sajjanbai Sheshmal Jai (Deceased)

Dattatray Vinayak Khandalekar vs Vinayak Dinkar Khandalekar alias Vinayak D Khandalekar

Shri Vaijanath Pandurang Vaze vs Dr Leela Vasant Gokhale (Deceased)