Anil Lachhman Jaisingh v. Kavita Lachhman Jaisingh (Deceased)

Bombay HC28 Mar 2025TP/1278/2025

Case brief

AI extract

What is this about?

Letters of Administration with Will annexed; testamentary petition; sole legatee / sole beneficiary; no executor appointed; attesting witness affidavit Form No.102; Rule 397(1) and (4) and Rule 396 Bombay High Court (O.S.) Rules 1980; citation and notice to Collector; Hindu Succession Act 1956 legal heirs; administration bond; uncontested petition; Kavita Lachhman Jaisingh Will dated 22.10.2009 Mumbai; death 02.03.2024 Bengaluru; petitioner Anil Lachhman Jaisingh; effect throughout State of Maharashtra; caveat/cross-petition verification.

What did the court decide?

Letters of Administration with Will annexed to be issued to the petitioner as per the Rules, having effect throughout the State of Maharashtra, subject to the Office first verifying that no cross-petition is pending or caveat is filed. ¶¶18

Anil Lachhman Jaisingh vs Kavita Lachhman Jaisingh… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petition is tenable where no executor has been appointed under the Will and the petitioner is the sole legatee. +1 more

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Court's answer

Since no executor has been appointed under the Will and the petitioner is the sole legatee, the petition is tenable.

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Ratio / Principle

Execution of the Will is proved on the affidavit of attesting witness Ashok Kumar Mundhra, who deposed that the deceased signed the Testament in his presence.

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Key takeaways

As no one appeared to resist the claim during the citation period and no pending litigation concerning the same properties was brought to notice, the petition is treated as uncontested.ratio¶¶13
The properties mentioned in Schedule-I of the petition are the properties referred to in the Will.ratio¶¶15

Detailed headnote1 paragraphs

High Court of Bombay, Testamentary Department (O.S.) — 87.TP/1278/2025 (with WILL/518/2025), decided 17th September, 2025 by Shri P. A. Jagdale, Officer on Special Duty: Petition by Anil Lachhman Jaisingh, sole beneficiary and sole legatee under the Will of Kavita Lachhman Jaisingh (Testatrix), for Letters of Administration with Will annexed. The Testatrix died as a widow at Bengaluru, Karnataka on 02.03.2024; her Will was duly executed at Mumbai on 22.10.2009 in English and lodged with the Prothonotary and Senior Master. No executor was appointed under the Will, so the petition by the sole legatee was held tenable. Execution of the Will was proved through the affidavit of attesting witness Ashok Kumar Mundhra in Form No.102, Bombay High Court (Original Side) Rules, 1980. Citation was affixed and 14 days expired under Rule 397(1) and (4), and notice was issued to the Collector under Rule 396, of the BHC Rules; nobody opposed and the petition was treated as uncontested. Legal heirs were listed in paragraph 08 of the petition per the Hindu Succession Act, 1956, and the administration bond was executed. Petition granted; Office directed to issue Letters of Administration with Will annexed effective throughout Maharashtra after verifying that no cross-petition or caveat exists.

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2 87.TP/1278/2025

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 17th September, 2025

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FOR COMPLIANCE:

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TP/1278/2025 P. C. : Shri. Mohammed Junaid Qureshi i/b Rahul (AMH20210046177C Talreja Ld. Advocate for the Petitioner 202400011)

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with WILL/518/2025

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This petition is filed by petitioner, being sole beneficiary under the Will executed by Kavita Lachhman Jaisingh (herein after the same is referred to as “Testatrix”), for grant of a Letters of Administration with Will annexed. Said Testatrix said to have died as widow at Bengaluru, Karnataka on 02.03.2024. Petitioner, namely Anil Lachhman Jaisingh, filed the copy of death certificate, identity proof of the testator, Will & petitioner's oath.

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Perused petition. Heard Ld. Advocate for petitioner. Perused documents.

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No executor has been appointed under the Will. The petitioner is the Sole legatee under the Will. Hence, petition is tenable.

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Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Mumbai on 22.10.2009, in English language. The 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.

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Ld. Advocate for petitioner submits that Testatrix is survived by legal heirs, whose details are given in the petition’s paragraph No. 08, as per the provisions of Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased, except mentioned in the petition.

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Citation was issued, which has been duly affixed on the conspicuous part of the Hon’ble High Court and notice board of the Collector’s

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2 87.TP/1278/2025

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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.

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The petitioner has filed the affidavit of Ashok Kumar Mundhra one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased signed the Testament in his presence. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will.

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Properties mentioned in the schedule-I of the petition are referred in the Will.

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Petitioner has executed the administration Bond in the prescribed format. Hence, following order:

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ORDER

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Petition is granted.

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Office to issue Letters of Administration with Will annexed to the petitioner, as per the Rules, having effect throughout the State of Maharashtra.

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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.

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17^th September, 2025

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Officer on Special Duty,

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with Testamentary Department

Anil Lachhman Jaisingh v. Kavita Lachhman Jaisingh (Deceased)

Case brief

What is this about?

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Anil Lachhman Jaisingh v. Kavita Lachhman Jaisingh (Deceased)

Case brief

What is this about?

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What the court decided

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