Testamentary petition for Letters of Administration with Will annexed for a testator who died intestate-free with no appointed executor. Attesting witness affidavit proved execution; citations drew no objection; petition uncontested.
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2 86.TP/1039/2024
Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 16th December, 2024
FOR COMPLIANCE:
P. C. : Ms. M. S. Patel i/b Monel M Thakkar Ld. Advocate for the Petitioner
1) This petition is filed by petitioner, being the constituted attorney of sole legatee under the Will executed by VASUDEVAN KRISHNAN ALIAS VASUDEVAN EZUPURAM KRISHNAN (herein after the same is referred to as “Testator”), for grant of a Letters of Administration with Will annexed. Said Testator said to have died at Mumbai on 22-07-2022 Petitioner, namely RAMASWAMY SUBRAMANI S/o VASUDEV SUBRAMANI, filed the copy of death certificate, identity proof of the testator, Will, petitioner's oath.
2) Perused petition. Heard Ld. Advocate for petitioner. Perused documents.
3) No executor has been appointed under the Will. Hence, the petitioner is Constituent attorney of VIKRAM VASUDEVAN KRISHNAN, who claimed to be sole Legatee under the Will. Hence, petition is tenable vide Sec. 242 of IS Act.
4) Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Mumbai on 08.04.2022, in English language. The original Will is handed in separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay.
5) Ld. Advocate for petitioner submits that parents of deceased predeceased testator and testator was survived by legal heirs, as per the provisions of Hindu Succession Act, 1956. Petitioner states that there are no other legal heir except son of the deceased testator
6) Citation was issued, which has been duly
2 86.TP/1039/2024
affixed on the conspicuous part of the Hon’ble High Court and notice board of the Collector’s Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980(for short “BHC Rules”) and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.
7) The petitioner has filed the affidavit of Njay Bhagwanji Mistry one of Attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that he was present and deceased signed the Testament in presence of him and another witness, after going through its contents. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will.
8) Properties mentioned in the schedule-I of the petition are referred in the Will.
9) Petitioner has executed the administration Bond in the prescribed format. Hence, following order:
ORDER
1) Petition is granted.
2) Office to issue limited Letters of
Administration with Will annexed to the petitioner, upon satisfaction that the administration Bond is properly executed, as per the Rules, thought State of Maharashtra.
3) Before issuance of Letters of Administration with Will, the office to verify that there is no cross Petition is pending or caveat is filed. Office to act accordingly.
Officer on Special Duty,
16th December, 2024 Officer on Special Duty, with Testamentary Department
2 86.TP/1039/2024
1 issue framed by the court
Whether Letters of Administration with Will annexed should be granted to the petitioner as constituted attorney of the sole legatee.
4 provisions across 3 enactments
Ramaswamy Subramani
Vikram Vasudevan Krishnan
P. A. Jagdale
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
