Uma Dembla Khurana vs Sunder Dass Dembla (Deceased) — Succession and Inheritance | Bombay HC (2025)

Uma Dembla Khurana vs Sunder Dass Dembla (Deceased) — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Grant of Letters of Administration with Will annexed to petitioner Uma Dembla Khurana throughout the State of Maharashtra, upon satisfaction that the administration Bond is properly executed, after the Office verifies that no cross Petition is pending or caveat is filed.

Issue for consideration

Whether the petition for grant of Letters of Administration with Will annexed is tenable where no executor has been appointed under the Will and the petitioner is one of the legatees/beneficiaries. +3 more

Court's answer

Since no executor has been appointed under the Will and the petitioner is one of the legatees under the Will, the petition is tenable.

Ratio / Principle

The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rules, 1980.

Key takeaways

Enough evidence is on record to accept the execution of the Will and the petitioner succeeded in proving its execution through the affidavit in Form No.102 of attesting witness Ravinder Pahwa, who deposed the deceased signed the Testament in presence of two witnesses after going through its contents, with all additions/alterations existing at execution — sufficient compliance of Rule 383.ratio¶15
Citation was duly affixed and published and notice issued to the Collector per Rules 397(1) and (4) and 396 BHC Rules; 14 days expired with no opposition, so the petition is treated as uncontested.ratio¶14
Legal heirs of the testator have consented to the petition and thereby waived the service of Citation.

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department — Order for Compliance dated 15.04.2025 on Testamentary Petition 84.TP/20/2025 (with WILL/1/2025): Letters of Administration with Will annexed granted to petitioner Uma Dembla Khurana, one of the beneficiaries/legatees under the last Will and Testament of Sunder Dass Dembla (Testator), executed at Mumbai on 11.05.2016 in English; Testator died at Mumbai on 25-02-2018. No executor appointed under the Will, hence petition tenable as petitioner is one of the legatees. Execution proved by affidavit in Form No.102 of the Bombay High Court (Original Side) Rules, 1980 of attesting witness Ravinder Pahwa, deposing deceased signed in presence of two witnesses after going through contents, with all additions/alterations existing at execution — sufficient compliance of Rule 383. Delay explained vide Rule 382. Citation duly affixed and published, 14 days expired vide Rule 397(1) and (4); notice to Collector vide Rule 396; legal heirs consented and waived citation; other legatees (Gautam Dembla, NEETU RAJPAL, PAMILA DEMBLA, Santosh Demua) consented; petition uncontested; Schedule-I properties referred in the Will; administration bond executed. Petition granted; Office to issue Letters of Administration with Will annexed throughout the State of Maharashtra upon satisfaction that the bond is properly executed, after verifying no cross-petition or caveat pending.

Procedural history

How this case reached the court

AI extract

Prior proceeding
Petition docketed as 84.TP/20/2025 (AMH20230055936C 202400005) together with WILL/1/2025.¶4
Prior proceeding
Petition filed by petitioner, being one of the beneficiaries under the Will executed by Sunder Dass Dembla, for grant of Letters of Administration with Will annexed.¶6
Prior proceeding
Testator Sunder Dass Dembla said to have died at Mumbai on 25-02-2018; death certificate, identity proof, Will and petitioner's oath filed.¶6
Prior proceeding
Advocate pointed out averment in para 9 of the petition about the mother of the deceased; submission accepted and petition taken for final order.¶7
Prior proceeding
Delay in the petition explained vide Rule 382 of the Bombay High Court (Original Side) Rules, 1980.¶8
Prior proceeding
Deceased left behind his last Will and Testament duly executed at Mumbai on 11.05.2016, in English language.¶10
Prior proceeding
Original Will handed in separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay.¶12
Prior proceeding
Parents of deceased predeceased the testator; legal heirs per Hindu Succession Act, 1956 consented to the petition and thereby waived service of Citation.¶13
Prior proceeding
Citation issued and duly affixed on the conspicuous part of the Hon'ble High Court and notice board of the Collector's Office at Mumbai; 14 days expired per Rule 397(1) and (4) BHC Rules with affidavit filed; notice to Collector issued per Rule 396.¶14
Prior proceeding
With no opposition and nothing brought to notice regarding pending litigation over the same properties, the petition is treated as uncontested.¶14
Prior proceeding
Affidavit of Ravinder Pahwa, one of the Attesting Witnesses to the Will, filed in form No.102 of Bombay High Court (Original Side) Rules, 1980, deposing presence at execution.¶15
Prior proceeding
Properties mentioned in Schedule-I of the petition are referred in the Will.¶18
Prior proceeding
Other legatees Gautam Dembla, NEETU RAJPAL, PAMILA DEMBLA and Santosh Demua gave consents to grant Letters of Administration to petitioner.¶19
Prior proceeding
Petitioner executed the administration bond in the prescribed format.¶20