Manindar Parekh Alias Maninder Dosaj vs Liilaa… — Succession and Inheritance | Bombay HC (2025)

Manindar Parekh Alias Maninder Dosaj vs Liilaa… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration with the authenticated copy of the Will annexed, to be issued to the petitioner throughout the State of Maharashtra upon satisfaction that the administration bond is properly executed, subject to verification that no cross petition is pending or caveat is filed.

Issue for consideration

Whether the petition for Letters of Administration with Will annexed is tenable, given that the Will has already been probated by the High Court of Justice England and Wales and the petitioner is the executor thereunder. +2 more

Court's answer

The petition is tenable because the petitioner is the Executor of the probated Will.

Ratio / Principle

No one appeared to resist the petitioner's claim and nothing was brought to the Court's notice regarding pending litigation over the same properties; the petition is treated as uncontested.

Key takeaways

The Will is already proved, and the properties mentioned in Schedule-I of the petition are referred to in the Will.ratio¶13
The petition is granted.ratio¶17
The Office is to issue Letters of Administration with the authenticated copy of the Will annexed to the petitioner, upon satisfaction that the administration bond is properly executed as per the Rules, throughout the State of Maharashtra.ratio

Detailed headnote1 paragraphs

Testamentary Petition 109.TP/159/2025 (Bombay High Court, Testamentary Department, decided 20th March 2025 by Shri P. A. Jagdale, Officer on Special Duty) under Sec.228 of the Indian Succession Act, 1925 for Letters of Administration with Will annexed. The testatrix, Liilaa Gulabdas alias Lila Parekh alias Liilaa Gulabolash Parekh, died in the United Kingdom on 17-02-2021, leaving a Will executed at Mumbai on 10.05.2006 in English, which had already been probated by the High Court of Justice England and Wales by order dated 26.01.2024 (Will submitted 19.04.2023). The petitioner, Manindar Sadhu Parekh alias Maninder Dosaj, executor under the probated Will, sought Letters of Administration with Will annexed. Citation was affixed at the High Court and the Collector's Office, Mumbai, and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector under Rule 396; no one resisted the claim and the legal heirs consented and waived citation. The Court held the petition tenable and uncontested, noted the Will was already proved and that Schedule-I properties were referred to in the Will, recorded execution of the administration bond, and granted the petition, directing issuance of Letters of Administration with the authenticated copy of the Will annexed throughout the State of Maharashtra, subject to verification that no cross petition or caveat was pending.

1 109.TP/159/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 20th March 2025

FOR COMPLIANCE:

TP/159/2025 P. C. : Ms. Anisha Shaikh i/b Deepak Pandey Ld. (AMH20230015769C Advocate for the Petitioner 202400020)

1) This petition is filed by petitioner, being executor of Probated Will executed by Liilaa Gulabdas alias Lila Parekh alias Liilaa Gulabolash Parekh (herein after the same is referred to as “Testatrix”), for grant of a Letters of Administration with Will annexed vide Sec.228 of the Indian Succession Act, 1925 (for short “IS Act”). Said Testatrix said to have died at United Kingdom on 17-02-2021 Petitioner, namely Manindar Sadhu Parekh Alias Maninder Dosaj, filed the copy of death certificate, identity proof of the testator, Copy of authenticated Will, petitioner's oath.

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

3) The executor, namely Manindar Parekh Alias Maninder Dosaj had filed the petition for grant of probate of the Will, which is refered in para no. 4 of the petition, before the Hon’ble High Court of Justice England and Wales. The Court vide an order dated 26.01.2024 probated the Will, which was submitted with the Court on 19.04.2023. The petitioner is the Executor of probated Will under the Will. Hence, petition is tenable.

4) Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Mumbai and now

2 109.TP/159/2025

probated by the High Court of Justice England and Wales on 26.01.2024. The said will said to have been executed at Mumbai on 10.05.2006 in English language. The Authenticated copy of 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.

5) Ld. Advocate for petitioner submits that parents of deceased predeceased Testatrix and testator was survived by legal heirs, as per the provisions of Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased. Legal heirs of the testatrix have consented to the petition and thereby waived the service of Citation.

6) 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 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) Will is already proved. Properties mentioned in the schedule-I of the petition are referred in the Will.

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

ORDER

1) Petition is granted.

2) Office to issue Letters of Administration with authenticated copy of the Will annexed to the petitioner, upon satisfaction that the administration Bond is properly executed, as per the Rules, throughout the 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.

20th March 2025 Officer on Special Duty, with Testamentary Department

20th March 2025