Allowed¶10

Marie Therese Picardo and Anr. v. Nellie Lewis (Deceased)

Bombay HC29 Jan 2026TP/5638/2024

Case brief

AI extract

What is this about?

Probate granted by Company Registrar / Testamentary Registrar (Kavita Y. Ambekar) on 29.01.2026 in TP/5638/2024 heard with WILL/2251/2024; Will dated 10.03.2008 executed at Mangalore of deceased Nellie Denis Lewis (died Mumbai 25.10.2018); executors Marie Therese Picardo and Ronald Picardo; citation by newspaper publication to unknown class II legal heirs; attesting witness affidavit (Dorothy M F Vas); delay condoned; direction to Office to verify no caveat or cross petition before issuance of Probate.

What did the court decide?

Probate of the last Will and Testament of the deceased Nellie Denis Lewis granted to petitioner-executors Marie Therese Picardo and Ronald Picardo; Office to issue Probate after verifying that no cross petition or caveat is filed. ¶10

Marie Therese Picardo and Anr. vs Nellie Lewis (Deceased) — Bombay HC (2026) — LawSathi Research

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 29^th January, 2026

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CALLED FOR HEARING :

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11 TP/5638/2024 (E-filing) WITH

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WILL/2251/2024

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Mr. Manish Gaikwad a/w. Ashok Salve, 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 petitioners namely Marie Therese Picardo Ronald Picardo being Executors named under the Will of deceased. The deceased namely Nellie Denis Lewis died at Mumbai on 25.10.2018. 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 her last Will and Testament which was duly executed at Mangalore, Karnataka on 10.03.2008. The said Will is in English language. The Para No. 7 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will who are petitioners herein. The Schedule I annexed to the petition refers to one immovable property which is mentioned at para No. 6(a) of the Will.

¶9

Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. As per para No. 3 of the Will, deceased died issue-less. Petitioner has mentioned, class II legal heirs in para No. 8 of the petition and their whereabouts not known therefore, petitioner has served the citation upon them through newspaper publication and Affidavit of Service of Publication dated 06.12.2025 is filed to that effect. There are no other legal heirs.

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Petitioner's oath is filed. Affidavit of Dorothy M F Vas dated 15.01.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 10.02.2025 is filed. 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

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29.01.2026

Marie Therese Picardo and Anr. v. Nellie Lewis (Deceased)

Case brief

What is this about?

What did the court decide?

Marie Therese Picardo and Anr. v. Nellie Lewis (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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