IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
PETITION NO OF 2021
Petition for Probate of the last will
and testament dated 05-03-1997 in
respect of properties belonging to
Mrs. Bertha Misquitta, a Roman
Catholic, Indian inhabitant of
Mumbai, Occupation: Housewife,
who was residing at the time of
her death at Peace Heaven, 1 st
Floor, 5th Khetwadi lane, Girgaum,
Mumbai 400004.
--------- Deceased
Delphine Menezes )
Age 80 years, occupation house wife )
a Roman Catholic, Indian inhabitant )
residing at, 55 Khotachiwadi lane )
1st Floor, Girgaum Road, Mumbai 400004 ) ….. Petitioner
AFFIDAVIT OF ATTESTING WITNESS
I Mr. Cyrus J Mondagari of Mumbai adult Indian Inhabitant
residing at Room no 17, 3rd Floor, New Contracter Bldg, Dr. B A
Road, Byculla East, Mumbai 400027 do hereby on solemn oath
state as under:
1. That I knew and was well acquainted with the deceased Mrs.
Bertha Misquitta.
2. That on 05-03-1997, I was present together with another
witness, Dr. V. F. Dhoria, at the residence of the deceased at
Peace Heaven, 1st Floor, 5th Khetwadi lane, Girgaum, Mumbai
400004 and I did then and there see the said deceased who set
and subscribed her signature “B Misquitta” at the foot of the
right hand side of the second page of testamentary paper in
English language and also character which is referred to in the
petition herein and declare that the same as her last will and
testament.
3. That thereupon I, this deponent, at the request of the said
deceased and in her presence and in the presence of another
witness, Dr. V. F. Dhoria all being present at the same time
set and subscribe my respective signature at the foot of the
right side of the testamentary paper as witness hereto.
4. That the signature of the deceased on the right side in the
last page of the testamentary paper, as well as, the date,
namely “5th” of the party executing the same is in the proper
handwriting of the deceased herself and the signature and
additions, namely the address, “Cyrus J Mondagari New York
Bakery Khetwadi 5th lane” and that of the signature “V. F.
Dhoria LCPS” and the additions “Dr. V. F. Dhoria, 385 S.V.
Road, Mumbai 400004 reg no 1077” also subscribed and
written at foot of the said testamentary paper as of the party
attesting execution of the same in the proper handwriting of the
said “Dr. V. F. Dhoria” and of me this deponent.
5. That at the time the deceased so subscribed her signature at the
foot of the testamentary paper as aforesaid she was of sound
and disposing mind, memory and understanding and to the best
of my belief made and publish her signature at her free will and
pleasure.
On solemn oath at Mumbai )
This day of December 2021 )
Before Me
Melvyn Fernandes
Advocate for the Petitioner
