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Bombay High CourtTP/1693/2025grant issued

Amrish Ashok Arora And ORS v. Meher Heroyce Moos

2025-07-29Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 29th July, 2025 CALLED FOR HEARING :

TP/1693/2025 (E-filing) Mr. S. U. Lakdawala a/w. Jayant Wani i/b. M Mulla Associates, 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 petitioners namely Amrish Ashok Arora, Mitil Rajnikant Chokshi, Farzana B. Contractor and Dolly Ajit Fatnani being Executors named under the Will of deceased. The deceased namely Meher Heroyce Moos died at Mumbai on 08.05.2024. 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 12.04.2023. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executors. Only four Executors appointed under the Will who all are petitioners herein.

3. Ld. Advocate for petitioner submits that parents and grandparents of deceased predeceased the deceased. Deceased had no brother and no sister. As stated in para No. 8 of the petition, deceased has no legal heirs from paternal and maternal side as they unable to trace any of the legal heirs therefore, Ld. Advocate for petitioner has done newspaper publication and Affidavit dated 01.07.2025 is filed to that effect.

4. Petitioner's oath is filed. Affidavit of Muzaffar Amiruddin Khan dated 21.02.2025 one of the Attesting Witnesses to the Will is filed. Affidavit of Service of General Citation dated 01.07.2025 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.

6. Upon perusal of the Will, it is noticed that deceased has directed the executor to form the trust and bequeaths has been made to the said Trust. Office to forward the copy of this order along copy of the copy of petition and Will to the Charity Commissioner, Mumbai.

29.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG