Testamentary petition by the sole legatee under a Will executed in Mumbai on 14.11.2016 for Letters of Administration with Will annexed. An attesting witness deposed to due execution; citation expired without opposition and legal heirs consented. The court granted the petition.
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SLG
Before : Shri. P. A. Jagdale , Oficer on Special Duty f , With Testamentary Department Date : 1 3th December, 2024
CALLED FOR HEARING :
106. TP/5066/202 4 Along with Will No. 2017/2024
Mr. Varsha P. Jadhav, Ld. Advocate for Petitioner
P.C. : 1 . Perused Petition. Heard Ld. Advocate for petitioner. This petition is fled by i petitioner, being legatee under the Will executed by Shrinivas Annappa Kamath alias Shriniwas Annappa Kamath, (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 15-02-2024. Petitioner, namely Ganesh Venkatesh Prabhu, fled the copy of i death certifcate, identity proof of the i testator, Will, petitioner's oath.
2. The petitioner is the sole Legatee under the Will. Hence, petition is tenable.
3. Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Mumbai on 14.11.2016, in English language. The original Will is handed in separately for being fled and kept in a i safe place in the Of f ice of the Prothonotary and Senior Master, High Court, Bombay.
4. 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. Legal heirs of the testator has consented to the petition and thereby waived the service of Citation. The petitioner afirmed that there are no other legal heirs of f the deceased.
5. Citation was issued, which has been duly afixed on the conspicuous part of the f Hon’ble High Court and notice board of the Collector’s Ofice at Mumbai and 14 days f have been expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980(for short “BHC Rules”) and an afidavit to that f
SLG
CONTD….
106. TP/5066/202 4 Along with Will No. 2017/2024
efect has been f f led. Notice to collector has i 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.
6. The petitioner has fled the af i idavit of f Sandeep Shamrao Mahadik, 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. According to him all additions and alteration in a Will were existed at the time of execution and before singing the Will. Hence, there is suficient f compliance of the Rule 383 of the Rules.
7. Properties mentioned in the schedule-I of the petition are referred in the Will.
8. Petitioner has executed the Administration Bond in the prescribed format. Hence, following order:
ORDER
1) Petition is granted.
2) Of f ice to issue 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 ofice to verify f that there is no cross Petition is pending or caveat is fled. Of i f ice to act accordingly.
1 3.12.2024 Oficer on Special Duty f , with Testamentary Department
SLG
1 issue framed by the court
Whether the sole legatee proved execution of the Will and was entitled to Letters of Administration with Will annexed.
4 provisions across 2 enactments
Ganesh Venkatesh Prabhu
P. A. Jagdale
As recorded by the court registry
3 orders share this CNR
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