Allowed¶10

Meena Rozario v. Jane Theresa Dunbar alias Jane Dunbar alias Dunbar Jane Theresa

Bombay HC5 Dec 2025TP/5193/2025

Case brief

AI extract

What is this about?

Probate granted to sole executor Meena Rozario for the Will of Jane Theresa Dunbar (died at Canada 02.07.2024; Will executed at Mumbai 19.03.2020). Registrar Kavita Y. Ambekar, 16.12.2025. Attesting witness affidavit of Gilbert Rozario (15.07.2025); General Citation service affidavit (18.11.2025); delay condoned; formalities complied; issuance subject to check for cross petition or caveat. Case refs: TP/5193/2025; WILL/1980/2025.

What did the court decide?

Probate of the last Will and Testament ordered to be issued as prayed, after the Office verifies that no cross petition and no caveat is filed. ¶10

Meena Rozario vs Jane Theresa Dunbar alias Jane Dunbar alias Dunbar Jane Theresa — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Probate of the last Will and Testament ordered to be issued as prayed, after the Office verifies that no cross petition and no caveat is filed.

¶10

Issue for consideration

Whether Probate of the last Will and Testament of Jane Theresa Dunbar ought to be granted to the petitioner, Meena Rozario, the sole Executor named under the Will, upon compliance with the requisite legal formalities.

¶7

Court's answer

The delay in the matter was explained and the same was condoned.

¶10

Ratio / Principle

All other legal formalities for the grant were held to be complied with, and the probate petition was accordingly granted.

¶10

Key takeaways

The Office was directed to issue Probate as prayed, after verifying whether any cross petition or any caveat is filed.ratio¶11
The testatrix, Jane Theresa Dunbar, died at Canada on 02.07.2024, and a copy of the death certificate was annexed to the petition.ratio¶7
Under the Will only one Executor was appointed, who is the petitioner, and the residuary clause in respect of the properties of the deceased is at Para 8 of the Will.ratio

Detailed headnote1 paragraphs

Testamentary petition (TP/5193/2025, e-filed, listed along with WILL/1980/2025) before Mrs. Kavita Y. Ambekar, Company Registrar / Testamentary Registrar, dated 16.12.2025. Petitioner Meena Rozario, sole Executor named under the Will of Jane Theresa Dunbar, sought Probate of the Will executed at Mumbai on 19.03.2020, drawn in English, with the Executor appointment at Para 1 and the residuary clause at Para 8. The testatrix died at Canada on 02.07.2024, with death certificate and identity proofs (Adhaar Card and Passport) annexed. As submitted, the husband predeceased, one son (Arthur) died a bachelor, the sole surviving son consented by affidavit, and there are no other legal heirs. Petitioner's oath, the affidavit of attesting witness Gilbert Rozario dated 15.07.2025, and the Affidavit of Service of General Citation dated 18.11.2025 were on record. Delay was condoned; all legal formalities were held complied with; the petition was granted and Probate directed to be issued as prayed after verification of any cross petition or caveat.

Meena Rozario v. Jane Theresa Dunbar alias Jane Dunbar alias Dunbar Jane Theresa

Case brief

What is this about?

What did the court decide?

Meena Rozario v. Jane Theresa Dunbar alias Jane Dunbar alias Dunbar Jane Theresa

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

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