Leonard Christopher Serao vs Lawrence Michael… — Succession and Inheritance | Bombay HC (2025)

Leonard Christopher Serao vs Lawrence Michael… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Petition granted; Letters of Administration with Will annexed to be issued to the petitioner throughout the State of Maharashtra, conditional on proper execution of the administration bond and on the office verifying that no cross-petition is pending and no caveat is filed.

Issue for consideration

Whether the petition for Letters of Administration with Will annexed is tenable, there being no executor appointed under the Will and the petitioner being one of the legatees under the Will. +2 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

There is enough evidence on record to accept the execution of the Will; the petitioner has succeeded in proving the execution of the Will.

Key takeaways

Till the date of the order no one had appeared to resist the petitioner's claim and nothing was brought to the notice regarding pending litigation pertaining to the same properties; the petition is therefore treated as uncontested.ratio¶8
Petition is granted; the office is to issue Letters of Administration with Will annexed to the petitioner throughout the State of Maharashtra, upon satisfaction that the administration bond is properly executed as per the Rules.ratio¶15

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department), TP/258/2025, decided 02nd May, 2025 by Shri. P. A. Jagdale, Officer on Special Duty with the Testamentary Department — Uncontested petition by Leonard Christopher Serao, a beneficiary/legatee under the last Will and Testament (WILL/107/2025, executed at Mumbai on 03.01.2022) of Lawrence Michael Serrao alias Lawrence Michael Serao alias Lawrence M. Serao alias Larry, who died a bachelor at Mumbai (date printed as '1611-2023'), for Letters of Administration with Will annexed. No executor having been appointed under the Will and the petitioner being one of the legatees, the petition was held tenable. Execution of the Will was accepted on the affidavit of attesting witness Nishit Vipinchandra Patel in Form No.102, Bombay High Court (Original Side) Rules, 1980. Citation was duly published and notice issued to the Collector under Rules 396 and 397(1) and (4) of the BHC (O.S.) Rules, 1980; no one appeared to resist the claim and the petition was treated as uncontested. The legal heir waived citation service, other legatee Greta Pinto consented, Schedule-I properties were confirmed as referred to in the Will, and the administration bond was executed. Petition granted; office directed to issue Letters of Administration with Will annexed throughout the State of Maharashtra upon satisfaction that the bond is properly executed, after verifying that no cross-petition is pending or caveat filed.

3 152.TP/258/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 02nd May, 2025

FOR COMPLIANCE:

TP/258/2025 P. C. : Shri. R T Kharwar Ld. Advocate for the Petitioner (AMH20230019762C 202400031) 1) This petition is filed by petitioner, being with one of the beneficiaries under the Will executed WILL/107/2025 by Lawrence Michael Serrao alias Lawrence Michael Serao alias Lawrence M. Serao alias Larry (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 as a Bachelor at Mumbai on 1611-2023. Petitioner, namely Leonard Christopher Serao, filed the copy of death certificate, identity proof of the testator, Will, petitioner's oath.

2) Perused petition. Heard Ld. Advocate for petitioner. Perused documents. 3) No executor has been appointed under the Will. The petitioner is the One of the legatee under the Will. Hence, petition is tenable. 4) Petitioner stated that the deceased left behind his last Will and codicil and Testament which was duly executed at Mumbai on 03.01.2022, 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.

5) Ld. Advocate for petitioner submits that testator is survived by legal heirs, whose details are given in the petition, as per the provisions of Indian Succession Act, 1925. The petitioner affirmed that there are no other legal heirs of the deceased, except mentioned in the petition. Legal heir of the testator has consented to the petition and thereby waived the service of Citation.

3 152.TP/258/2025

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) The petitioner has filed the affidavit of Nishit Vipinchandra Patel, 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 as well as presence of 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.

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

9) Other legatee, namely Greta Pinto,, has given consent to grant Letters of Administration to petitioner.

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

ORDER

4) Petition is granted.

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

3 152.TP/258/2025

6) 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,

02nd May, 2025 Officer on Special Duty, with Testamentary Department