Vidyanand Ganpat Sawant vs Ganpat Atmaram Sawant… — Succession and Inheritance | Bombay HC (2025)

Vidyanand Ganpat Sawant vs Ganpat Atmaram Sawant… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed directed to be issued to the petitioner as per the Rules, having effect throughout the State of Maharashtra; subject to the office verifying that no cross-petition is pending or caveat filed before issuance, and the petitioner re-uploading a legible copy of the administration bond within seven days.

Issue for consideration

Whether the petition for Letters of Administration with Will annexed is tenable at the instance of the petitioner as sole beneficiary/legatee where no executor has been appointed under the Will. +1 more

Court's answer

The petition is tenable because no executor has been appointed under the Will and the petitioner is the legatee under the Will.

Ratio / Principle

There is enough evidence on record to accept the execution of the Will; the petitioner succeeded in proving execution of the Will and compliance with Rule 419 of the Rules, based on the affidavit of attesting witness Sambhaji A. Gawade.

Key takeaways

The petition is treated as uncontested, as no one appeared to resist the petitioner's claim and nothing was brought to the notice regarding pending litigation pertaining to the same properties.ratio¶9

Detailed headnote1 paragraphs

Testamentary Petition — Letters of Administration with Will annexed — Bombay High Court, Testamentary Department (Officer on Special Duty), order dated 19th September, 2025 in 95.TP/1691/2025. Petition by Vidyanand Ganpat Sawant, sole beneficiary under the Will of Ganpat Atmaram Sawant, who died at Mumbai on 09/11/2009; Will duly executed at Mumbai on 04.11.2009 in English. Held: no executor appointed under the Will and petitioner being the legatee, the petition is tenable; execution of the Will proved through the affidavit of attesting witness Sambhaji A. Gawade in Form No. 102 of the Bombay High Court (Original Side) Rules, 1980 — deceased affixed his thumb impression in the witness's presence and contents were read over and explained in Marathi — satisfying Rule 419; delay explained under Rule 382; citation published under Rules 397(1) and (4) with notice to the Collector under Rule 396; legal heirs consented and waived service of citation; petition uncontested. Petition granted; Letters of Administration with Will annexed to issue having effect throughout the State of Maharashtra, subject to office verifying absence of any cross-petition or caveat, and petitioner to re-upload legible administration bond within seven days. No judicial precedents cited.

95.TP/1691/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 19th September, 2025

FOR COMPLIANCE:

TP/1691/2025 P. C. : Shri. Shailesh V. More Ld. Advocate for the [Original] Petitioner (ECHCBM021833320 23) with 1. This petition is filed by petitioner, being WILL/664/2025 sole beneficiary under the Will executed by Ganpat Atmaram Sawant (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 09/11/2009. Petitioner, namely Vidyanand Ganpat Sawant, filed the copy of death certificate, identity proof of the testator, Will and petitioner's oath.

2. Perused petition. Heard Ld. Advocate for petitioner. Perused documents. 3. The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short “Rules”). 4. No executor has been appointed under the Will. The petitioner is the legatee under the Will. Hence, petition is tenable. 5. Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Mumbai on 04.11.2009, 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.

6. Ld. Advocate for petitioner submits that testator 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. Legal heirs of the testator have

.TP/1691/2025

consented to the petition and thereby waived the service of Citation.

7. 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.

8. The petitioner has filed the affidavit of Sambhaji A. Gawade one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased affixed his thumb impression in his presence and he has read over and expained the contents of the Will to the deceased in Marathi language. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will and compliance of the Rule 419 of the Rules.

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

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

ORDER

Petition is granted.

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

Before issuance of Letters of Administration with Will, the office to verify that there is no cross Petition is pending or caveat is

95.TP/1691/2025

filed. Office to act accordingly.

Petitioner to re-upload the legible copy of the administration bond within seven days from the date of uploading of this order.

19th September, 2025 Officer on Special Duty, with Testamentary Department