Allowed¶10

Malcolm Gautam Athaide v. Lawrence Luis Felix Athaide (Deceased)

Bombay HC28 Jan 2026TP/4677/2024

Case brief

AI extract

What is this about?

Probate granted by Company Registrar / Testamentary Registrar Kavita Y. Ambekar on 28.01.2026 in TP/4677/2024 (E-filing) with WILL/1863/2024. Petitioner Malcolm Gautam Athaide, son and executor under the Will dated 14.01.2016 of Lawrence Luis Felix Athaide (died 18.08.2020, Mumbai). Co-executor Jose Aureliano Pereira renounced; daughter's consent affidavit on record; two sons served via Sheriff, Mumbai; attesting witness Reginaldo Sales Sardinha's affidavit filed; general citation served; delay condoned; formalities complied; probate to issue after caveat/cross-petition verification.

What did the court decide?

Probate of the last Will and Testament of the deceased granted; Office to issue Probate as prayed after verifying absence of any cross petition or caveat. ¶10

Malcolm Gautam Athaide vs Lawrence Luis Felix Athaide (Deceased) — Bombay HC (2026) — LawSathi Research

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Ajay

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BEFORE : MRS. KAVITA Y. AMBEKAR, COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 28^th JANUARY, 2026

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CALLED FOR HEARING :

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2 TP/4677/2024 (E-filing) WITH

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WILL/1863/2024

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Mr. Santosh Salekar i/b. Mr. Manohar Mhaskar, Advocate for petitioner.

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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 Malcolm Gautam Athaide being one of the Executors named under the Will of deceased. The deceased namely Lawrence Luis Felix Athaide died at Mumbai on 18.08.2020. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

¶8

The deceased left behind his last Will and Testament which was duly executed at Mumbai on 14.01.2016. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and Affidavit dated 24.10.2025 of another executor namely Jose Aureliano Pereira for renouncing his rights is uploaded on 15.11.2025.

¶9

Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Wife predeceased the deceased. Deceased was survived by three sons and one daughter. Out of them one son is petitioner herein and the daughter has filed has given her consent in favour of the petitioner. Consent Affidavits are on record. Remaining two sons have been served through the office of Sheriff, Mumbai and Affidavit of Service dated 22.04.2025 is filed to that effect.

¶10

Petitioner's oath is filed. Affidavit of Reginaldo Sales Sardinha dated 27.03.2025 one of the Attesting Witness to the Will is filed uploaded on 18.07.2025. Affidavit of Service of General Citation dated 24.10.2024 is uploaded on 09.12.2025. Delay is explained and the same is condoned. All other legal formalities are complied with. Hence, petition is granted.

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

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

¶13

28.01.2026

Malcolm Gautam Athaide v. Lawrence Luis Felix Athaide (Deceased)

Case brief

What is this about?

What did the court decide?

Malcolm Gautam Athaide v. Lawrence Luis Felix Athaide (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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