Beverly Fernandes vs Blaise Eugene Vaz (Deceased) — Bombay HC (2025) — LawSathi Research

Beverly Fernandes vs Blaise Eugene Vaz (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Grant of Probate of the last Will and Testament of the deceased to petitioner Beverly Fernandes as sole Executrix, as prayed, subject to verification by the Office that no cross-petition or caveat is filed.

Issue for consideration

Whether Probate of the last Will and Testament of deceased Blaise Eugene Vaz ought to be granted to petitioner Beverly Fernandes as the sole Executrix named under the Will.

Ratio / Principle

The Court found that the deceased left behind a last Will and Testament duly executed at Mumbai on 20.04.2021, drawn in English, appointing a sole Executrix (Para No. 5) with the residuary clause at Para No. 10.13.

Key takeaways

Having found all legal formalities complied with (including petitioner's oath, attesting witnesses' affidavits, affidavit of service of general citation, and condonation of delay), the Court granted the petition for Probate.ratio¶10
The Office was directed to issue the Probate as prayed, subject to verification that no cross petition and no caveat has been filed.ratio¶11

Detailed headnote1 paragraphs

Testamentary Petition TP/496/2025 (e-filed, called for hearing along with WILL/211/2025) before the Company Registrar / Testamentary Registrar (Mrs. Kavita Y. Ambekar), decided 17.12.2025: Probate granted of the last Will and Testament of Blaise Eugene Vaz, who died at Mumbai on 28.08.2021 (death certificate and Aadhaar card annexed). The Will, duly executed at Mumbai on 20.04.2021 and drawn in English, appoints petitioner Beverly Fernandes as sole Executrix (Para No. 5); residuary clause sits at Para No. 10.13. The petition had been restored to file on disposal of IAL No. 31422 of 2024 by order dated 11.12.2024. Petitioner's oath, affidavits of both attesting witnesses Rudolph Pereira and Carmen Rudolph Pereira dated 08.09.2022, and Affidavit of Service of General Citation dated 12.06.2025 were on record; the deceased's widow, son and daughter gave consent affidavits in favour of the petitioner and there were no other legal heirs; delay was explained and condoned. All legal formalities having been complied with, the petition was granted and the Office was directed to issue Probate as prayed after verifying whether any cross petition or caveat is filed.

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17^th December, 2025

CALLED FOR HEARING :

6 TP/496/2025 (E-filing) WITH

WILL/211/2025

Mr. Milind Prabhune, Advocate for petitioner

PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. IAL No. 31422 of 2024 is disposed of by an order dated 11.12.2024 thereby petition is restored to file. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Beverly Fernandes being sole Executrix named under the Will of deceased. The deceased namely Blaise Eugene Vaz died at Mumbai on 28.08.2021. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

The deceased left behind his last Will and Testament which was duly executed at Mumbai on 20.04.2021. The said Will is in English language. The Para No. 5 of the Will refers to the appointment of Executrix. Only one Executrix appointed under the Will. Residuary clause in respect of properties of deceased is mentioned at para No. 10.13 of the Will.

Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by his widow, one son and one daughter who all have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

Petitioner's oath is filed. Affidavits of Rudolph Pereira and Carmen Rudolph Pereira dated 08.09.2022 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 12.06.2025 is filed. Delay is explained and the same is condoned. All other legal formalities are complied with. Hence, petition is granted.

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

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

17.12.2025