Testamentary petition by legal heirs of beneficiaries named in Anandji Ladha's Will for Letters of Administration De-Bonis-Non after both executors died without administering the unadministered estate. Consent affidavits of heirs and citation service on record; petition granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SLG
BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 8th July, 2024
CALLED FOR COMPLIANCE :
39 TP/2331/2024 )
Ms. Bina S. Shivhare, Advocate for petitioner
)
) P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. ) This petition for letters of Administration (De-Bonis) non) is filed by petitioners, being legal heirs of the ) beneficiaries named under the Will executed by Anandji ) Ladha (herein after the same is referred to as ) “Testator”). )
)
)
)
)
)
) ) )
)
)
)
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
4. Petitioner stated that the testator left behind his last Will and Testament which was duly executed at 17.04.1954 at Jamnagar, Gujrat, in Gujarathi language. Ld. Advocate for petitioner submits that original Will is handed over separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay, in Testamentary Petition No. 803.1960.
SLG
CONTD…
– 2 –
) 39 TP/2331/2024 ) as per the provisions of the Hindu Succession Act, 1956. Wife of the testator namely Mithibai Ladha died ) on 12th April, 1979. ) ) Testator died leaving behind two sons namely ) Narandas Anandji Nagori and Lalji Anandji Shah and ) only daughter namely Taragauri Sarda. ) ) Testator’s son namely Lalji Nagori died leaving ) behind Bahadur Nagori only son. Said Bahadur Nagori ) also died leaving behind two sons Pradeep Nagori, ) Jaitin Nagori - petitioner No.1 herein and Two daughters ) namely Meena Badamia, Shilpa Mehta - Petitioner No.2 ) herein. Abovesaid Pradeep Nagori also died leaving ) behind his wife namely Rekha Nagori and daughter ) Priyanka Nayak. ) Testator’s other son namely Narandas A. Nagori died ) leaving behind three sons and two daughters. Three sons ) are namely Praduman Mandalia, Mukundrai Mandalia ) and Jayantilal Shah and two daughters are namely ) Veena Gautam, Bansiben Kishor Nagori. Abovesaid ) Mukundrai N. Mandalia died leaving behind his wife ) namely Bansibalaben Mandalia and he had no issues. ) Abovesaid Jayantilal Shah died leaving behind his one ) son namely Bipin Jayantilal Mandalia - petitioner No.3 ) and five daughters namely Bhavana Nagori, Chetna ) Sarda, Amita Sheth, Ila Sarda and Bharati K. Sarda. ) Abovesaid Bharati K. Sarda died leaving behind her ) husband namely Kanaiyalal Sarda and Falguni Maniyar. ) ) Testator’s only daughter namely Taragauri Sarda died ) leaving behind only son namely Subhash Sarda. Said ) Subhash Sarda died leaving behind his wife namely ) Radha Sarda and two sons namely Ram Sarda, Hariom Sarda. ) ) Consent Affidavits of Testator’s son namely Meena ) Badamia dated 26th April, 2023, Joint Affidavit of ) Rekha Nagori and Priyanka Nayak dated 5th September, ) 2023, Praduman Mandalia dated 26th April, 2023, Joint ) Affidavit of Veena Gautam and Bansiben Kishor Nagori ) dated 12th May, 2023, Kishor Nagori and Jayantilal ) Shah, Bansibalaben Mandalia …….3
SLG
CONTD…
– 3 –
) 39 TP/2331/2024 ) dated 12th May, 2023, Bhavana Nagori dated 10th July, 2023, Chetna Sarda dated 24th April, 2023, Amita Sheth ) dated 16th May, 2023, Ila Sarda dated 16th May, 2023, ) Kanaiyalal Sarda dated 19th May, 2023 and Falguni ) Maniyar dated 19th May, 2023, Joint Affidavit of Radha ) Sarda, Ram Sarda, Hariom Sarda dated 29th June, 2023 ) are on record. They given their consents in the form of ) Afdavits, which are fdavits, which are f fi led on the record by the i ) petitioner and consented for the issuance of Letters of ) Administration with Will annexed in favour of the ) petitioner without justifying any surety in respect of ) their shares in the estate of the testator. They have ) waived the service of Citation. The petitioners af fi rmed ) that there are no other legal heirs of the testator other ) than mentioned in para 10 of the petition. ) ) 6. Affidavit of Service of General Citation is filed, ) stating that citation has been affixed on the Notice ) Board of the Hon’ble High Court, Bombay and notice ) board of the Collector’s office on 27th May, 2024. Notice ) to collector has been sent. ) ) 7. The Will is already proved in the earlier ) Testamentary Petition having no. 803 of 1960 ) 8. Properties mentioned in the Schedule-I of the ) petition are mentioned in Probate which are yet to be ) administered. ) ) 9. Ld. Advocate for the petitioner submits that as ) mentioned in the paragraph No.5 of the Will UN) administered property which is mentioned at item No. ) 1 of the Schedule-I of the petition. As per will this ) property was bequeathed to grandson namely Bahadur ) Nagori and petitioners herein are legal heirs of said ) Bahadur. In the Will, testator had put a condition on ) bequeathed that rent income as directed in Will should ) be paid to Taragauri, which has been complied till her ) death. Moreover, her all legal heirs have given their ) consent Affidavits in favour of the petitioners. ) ) ) …4
dated 12th May, 2023, Bhavana Nagori dated 10th July, 2023, Chetna Sarda dated 24th April, 2023, Amita Sheth dated 16th May, 2023, Ila Sarda dated 16th May, 2023, Kanaiyalal Sarda dated 19th May, 2023 and Falguni Maniyar dated 19th May, 2023, Joint Affidavit of Radha Sarda, Ram Sarda, Hariom Sarda dated 29th June, 2023 are on record. They given their consents in the form of Afdavits, which are fdavits, which are f fi led on the record by the i petitioner and consented for the issuance of Letters of Administration with Will annexed in favour of the petitioner without justifying any surety in respect of their shares in the estate of the testator. They have waived the service of Citation. The petitioners af fi rmed that there are no other legal heirs of the testator other than mentioned in para 10 of the petition.
6. Affidavit of Service of General Citation is filed, stating that citation has been affixed on the Notice Board of the Hon’ble High Court, Bombay and notice board of the Collector’s office on 27th May, 2024. Notice to collector has been sent.
…4
SLG
| 39 CONTD… TP/2331/2024 |
) ) ) ) ) ) ) |
– 4 – 10. The property mentioned at Sr no.2 of the Schedule-I of the petition is from residuary property which was remains to be administered. Ld. Advocate for the petitioner has submitted that she has paid Additional Court fees. Hence, maximum court fee Rs. 75,000/- has been paid. |
|---|---|---|
| ) ) ) ) ) |
11. Petitioner has executed the Administration Bond dated 3rdJuly, 2024, in the prescribed format. Hence, following order: ORDER |
|
| ) ) |
1) Petition is granted. | |
| ) ) ) ) ) |
2) Office to issue Letters of Administration (De- Bonis-Non) with copy of the Will annexed as per the provisions of the Indian Succession Act, 1925 to the petitioner and upon satisfaction that the administration Bond is properly executed, as per the Rules. |
|
| ) ) ) ) ) |
3) Before issuance of above said 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. |
08.07.2024 FIRST ASSISTANT MASTER
1 issue framed by the court
Whether Letters of Administration (De-Bonis Non) with Will annexed should issue to the legal heirs of beneficiaries under a Will whose executors died without administering the estate.
2 provisions across 2 enactments
Jaitin Nagori
Shilpa Mehta
Bipin Jayantilal Mandalia
Dilip S. Gurav
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
