Marisa Jyotin Goel v. Serena Minoo Khambatta (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 22nd August, 2025 CALLED FOR HEARING :

TP/339/2025 (E-filing) Ms. Dhruti Chheda, Advocate for petitioner 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 Marisa Jyotin Goel being one of the Executors named under the Will of deceased. The deceased namely Serena Minoo Khambatta died at Mumbai on 23.11.2020. 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 her last Will and Testament which was duly executed at Mumbai on 12.10.2017. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executrix and another executor namely Erach Khambatta has renounced his rights to act as an executor and Affidavit dated 21.10.2024 is filed to that effect.

3. Ld. Advocate for petitioner submits that first married to Minoo in the year 1955 and had two children namely Marisa and Erach. The first husband of deceased died in the year 1998, who predeceased the deceased. Deceased remarried with Fardun Nadishah Mulla and he died on 14.02.2015. There are no children from the second marriage. Deceased was survived by one son and one daughter. Out of them daughter is petitioner herein and the son has given his consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of Soli Khurshed Cooper and Etelvin Lalita Pereira dated 21.10.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 06.03.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

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

22.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG