Vasundhara Sudhanshu Gupte vs Aruna Lalitkumar… — Succession and Inheritance | Bombay HC (2025)

Vasundhara Sudhanshu Gupte vs Aruna Lalitkumar… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed to the petitioner Vasundhara Sudhanshu Gupte, renouncing the rights of executors Pallav Himanshu Patankar and Jagannath Sadashiv Joshi, throughout the State of Maharashtra, upon a properly executed administration bond and verification of no pending cross-petition or caveat.

Issue for consideration

Whether the petition by Vasundhara Sudhanshu Gupte, sole beneficiary/sole legatee under the Will of Aruna Lalitkumar Gupte, for grant of Letters of Administration with Will annexed is tenable and should be granted after the named executors relinquished executorship. +1 more

Court's answer

Since the named executors relinquished executorship by filing affidavits and the petitioner is the sole Legatee under the Will, the petition is tenable.

Ratio / Principle

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

Key takeaways

There is enough evidence on record to accept the execution of the Will and the petitioner has succeeded in proving execution: the attesting witness deposed to the deceased signing the Testament in his and another witness's presence after going through its contents, all additions and alterations having existed at the time of execution and before signing, satisfying Rule 383.ratio¶15
The petition is granted and the Office is to issue Letters of Administration with Will annexed to the petitioner, renouncing the rights of the executors Pallav Himanshu Patankar and Jagannath Sadashiv Joshi.ratio¶20

Detailed headnote1 paragraphs

High Court, Bombay (Testamentary Department, Officer on Special Duty Shri P. A. Jagdale), order dated 21st April 2025 in Petition 92.TP/2247/2024 (registry ref. WILL/950/2024): Vasundhara Sudhanshu Gupte, sole beneficiary and sole legatee under the last Will and Testament of Aruna Lalitkumar Gupte (“Testatrix”, who died at Mumbai on 22-11-2021), sought Letters of Administration with Will annexed; the Will was executed at Mumbai on 10.08.2018 in English and the original was lodged with the Prothonotary and Senior Master. The named executors, Pallav Himanshu Patankar and Jagannath Sadashiv Joshi, relinquished executorship by affidavits (page 24), rendering the petition tenable. Citation to the non-consenting legal heir was duly served without resistance; citation was affixed on the High Court and Collector's Office notice boards at Mumbai, the 14 days expired per Rule 397(1) and (4) and notice issued to the Collector per Rule 396 of the Bombay High Court (O.S.) Rules, 1980, and the petition was treated as uncontested. Execution of the Will was held proved on the affidavit of attesting witness Manoj Ganesh Deekshit in Form No. 102, who confirmed the deceased signed in his and another witness's presence after going through its contents, with all additions and alterations existing before signing (compliance with Rule 383). Petition granted; the Office was directed to issue Letters of Administration with Will annexed to the petitioner, renouncing the executors' rights, throughout the State of Maharashtra, upon satisfaction that the administration bond is properly executed and verification that no cross-petition or caveat is pending.

2 92.TP/2247/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 21st April 2025

FOR COMPLIANCE:

TP/2247/2024 P.C.: Ms. Bhakti Patil i/b Prabhu Velar Ld. Advocate for the with Petitioner

WILL/950/2024

This petition is filed by petitioner, being sole beneficiary under the Will executed by Aruna Lalitkumar Gupte (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 at Mumbai on 22-112021. Petitioner, namely Vasundhara Sudhanshu Gupte, filed the copy of death certificate, identity proof of the testator, Will, petitioner's oath.

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

The executors, namely Pallav Himanshu Patankar and Jagannath Sadashiv Joshi. have relinquished executorship by filing an affidavits at page no. 24. The petitioner is the sole Legatee under the Will. Hence, petition is tenable.

Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Mumbai on 10.08.2018, in English language. The original 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.

Ld. Advocate for petitioner submits that Testatrix 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.

Citation to non-consenting legal heirs of the deceased was issued, which is duly served upon her by sheriff However, non-consenting legal heir did not resist the petition.

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

2 92.TP/2247/2024

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.

The petitioner has filed the affidavit of Manoj Ganesh Deekshit 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 signing the Will. Hence, there is sufficient compliance of the Rule 383 of the Rules.

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

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 Will annexed to the petitioner, renouncing the right of the Executor s namely Pallav Himanshu Patankar and Jagannath Sadashiv Joshi, upon satisfaction that the administration Bond is properly executed, as per the Rules, throughout 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.

Officer on Special Duty,

21st April 2025

with Testamentary Department