Dr. Sandra De Sa Souza vs Natasha Ann Dsouza — Bombay HC (2026) — LawSathi Research

Dr. Sandra De Sa Souza vs Natasha Ann Dsouza — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw granted; Interim Application No. 805 of 2024 disposed of as withdrawn. Testamentary Suit No. 61 of 2021 stood over to 16th February, 2026; Plaintiff to file list of witnesses, Affidavit of documents, compilation of documents and Affidavit of attesting witness on or before 13th February, 2026; attesting witness to remain present in Court on the next date; process of inspection and discovery, admission and denials to be completed before the next date.

Issue for consideration

Whether the Plaintiff proves that the writing dated 26th May, 2009 has been validly and legally executed and attested as the Will of the deceased Francis Anslem D'souza in accordance with law? +3 more

Ratio / Principle

Interim Application No. 805 of 2024 is disposed of as withdrawn, permission having been sought by learned counsel appearing for the Applicant.

Key takeaways

Four issues framed in Testamentary Suit No. 61 of 2021: (i) whether the Plaintiff proves valid and legal execution and attestation of the writing dated 26th May, 2009 as the Will of the deceased Francis Anslem D'souza; (ii) whether the Plaintiff proves the deceased was of sound, disposing state of mind, memory and understanding at execution; (iii) whether the Defendant proves the writing is forged and fabricated; (iv) what order and relief.ratio¶20

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Sharmila U. Deshmukh, J., 17 January 2026 — Interim Application No. 805 of 2024 in Testamentary Suit No. 61 of 2021 (Dr. Sandra De Sa Souza v. Natasha Ann Dsouza): Interim Application disposed of as withdrawn at the Applicant's request. In the Testamentary Suit, four issues framed on the writing dated 26th May, 2009 alleged to be the Will of the deceased Francis Anslem D'souza: (i) valid and legal execution and attestation; (ii) soundness of the deceased's disposing state of mind, memory and understanding at execution; (iii) whether the writing is forged and fabricated, as pleaded by the Defendant; (iv) order and relief. Plaintiff directed to file list of witnesses, Affidavit of documents, compilation of documents and Affidavit of attesting witness by 13th February, 2026; attesting witness to remain present in Court on the next date; inspection, discovery, admission and denials to be completed before the next date; matter stood over to 16th February, 2026.

1 IA-805-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

INTERIM APPLICATION NO. 805 OF 2024 IN

TESTAMENTARY SUIT NO. 61 OF 2021

[No papers]

Dr. Sandra De Sa Souza ...Plaintiff

Versus

Natasha Ann Dsouza ...Defendant

WITH TESTAMENTARY SUIT NO. 61 OF 2021

Mr. J. S. Kini, Mr. Aum Kini i/b Ms. Sapna Krishnappa for Caveator.

Mr. Karl Tamboly (through VC), Ms. K. R. Daviervala and Mr. Yazdi P. Jijina i/b Mulla and Mulla and Craigie Blunt and Caroe for Applicant/Org. Plaintiff.

——————

CORAM : SHARMILA U. DESHMUKH, J. DATE : JANUARY 17, 2026

P. C. :

Interim Application No. 805 of 2024 :

1. Learned counsel appearing for Applicant, on instructions, seeks

permission to withdraw the Interim Application.

2. Interim Application is disposed of as withdrawn.

Testamentary Suit No. 61 of 2021 :

3. The following issues are framed :

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1 IA-805-2024.doc

(i) Whether the Plaintiff proves that the writing dated 26^th May, 2009 has been validly and legally executed and attested as the Will of the deceased Francis Anslem D'souza in accordance with law ?

(ii) Does the Plaintiff prove that the deceased Francis Anslem D'souza was of sound, disposing state of mind, memory and understanding at the time of execution of writing dated 26^th May, 2009?

(iii) Does the Defendant proves that the writing dated 26^th May, 2009 is forged and fabricated document?

(iv) What order and relief ?

4. The Plaintiff to file list of witnesses, Affidavit of documents, compilation of documents and Affidavit of attesting witness on or before 13^th February, 2026.

5. Stand over to 16^th February, 2026.

6. The attesting witness to remain present in the Court on the next

date.

7. The process of inspection and discovery, admission and denials to be completed before the next date.

[SHARMILA U. DESHMUKH, J.]

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