Meher Mehta Davis Wife Of Jeffrey Davis Alias Meher Jeffery Devis Nee Meher Phiroze Mehta v. Pilky Dorab Forbes (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 6th May, 2025 CALLED FOR HEARING :
TP/1642/2025 (E-filing) Mr. Anush Joshi i/b. Khaitan and Co., 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 Meher Mehta Davis being one of the Executors named under the Will of deceased. The deceased namely Pilky Dorab Forbes died at Mumbai on 23.10.2017. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.
2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 02.12.2013 and the same was registered on 06.12.2013 with the office of Joint Sub-Registrar, Mumbai City. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executor. Only four Executors appointed under the Will. Petitioner is one of the Executors and other Executors namely Colly Pheroze Sanjana and Tehmi Minoo Sasoori died on 12.06.2021 and 27.05.2019 respectively. Remaining Executor namely Cyrus Minoo Sasoori has renounced his rights to act as an Executor and Affidavit dated 31.01.2025 is filed to that effect.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Two brothers of deceased namely Homi Dorab Forbes and Noshir Dorab Forbes died as bachelors. Sister of deceased namely Colly Pheroze Sanjana died on 12.06.2021 and her husband also died on 04.01.2000. Details of all the maternal and paternal legal heirs of deceased are mentioned in para No. 6 of the petition. Only surviving legal heirs is maternal cousin brother namely Dossabhoy Ardeshir Bhinwandiwala who has filed his consent Affidavit in favour of petitioner. Consent Affidavit is on record. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Sujata Joshi dated 31.01.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 10.04.2025 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. 06.05.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
SLG