Bombay High Court
Lennie Balan Zacharia vs Melvyn Leander Cabral Alias Bro Albert ... on 4 July, 2025
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 4th July, 2025 CALLED FOR HEARING :
5 TP/4718/2024 (E-filing) Mr. Santosh More i/b. Sonal Thorat, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of Photocopy of last Will and Testament of deceased filed by petitioners namely Lennie Balan Zacharia and Thomas Anthony Balan Zacharia being Executors named under the Will of deceased. The deceased namely Melvyn Leander Cabral died at Benguluru on 26.12.2021. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.
2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 29.09.1993. 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 who are petitioners herein.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as bachelor. As per para No. 11 of the petition, deceased was survived by four nephews and two nieces. Out of them two nephews are petitioners herein. Citation is served through the office of Sheriff, Mumbai upon two nephews and two nieces and Affidavit dated 16.11.2024 is filed to that effect.
4. Petitioner's oath is filed. Affidavit of the Attesting Witness to the Will is not filed. Affidavit of Service of General Citation dated 05.11.2024 is filed.
5. Ld. Advocate for petitioner file praecipe to place on board as and when the matter is ready for final grant. Hence, remove from board.
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