Sunil Chandrakant Bhuta vs Chandravadan Anantray… — Succession and Inheritance | Bombay HC (2025)

Sunil Chandrakant Bhuta vs Chandravadan Anantray… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed to the petitioner, to issue throughout India upon proper execution of the administration bond and verification that no cross-petition or caveat is pending.

Issue for consideration

Whether the petition for Letters of Administration with Will annexed is tenable, given that no executor was appointed under the Will and the petitioner is its sole legatee. +3 more

Court's answer

No executor having been appointed under the Will and the petitioner being its sole legatee, the petition is tenable.

Ratio / Principle

The delay in filing the petition stands explained as required under Rule 382 of the Bombay High Court (Original Side) Rules, 1980.

Key takeaways

The legal heirs of the testator consented to the petition and thereby waived service of citation.ratio¶¶13
After publication of citation and notice to the Collector, no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation over the same properties; the petition is therefore uncontested.ratio¶¶14
Execution of the Will is sufficiently proved: enough evidence is on record to accept execution, the petitioner having succeeded in proving execution of the Will.

Detailed headnote1 paragraphs

Testamentary petition (86.TP/276/2024, with WILL/81/2024) under the Bombay High Court (Original Side) Rules, 1980: the petitioner, Sunil Chandrakant Bhuta, sole legatee under the last Will and Testament of Chandravadan Anantray Bhuta alias Chandrakant Bhuta alias C. A. Bhuta (said to have died 13-09-2016 at Ahmedabad; Will executed 24.10.2008 in Gujarati), sought Letters of Administration with Will annexed. No executor had been appointed under the Will, making the petition tenable. Delay in filing was explained under Rule 382; pursuant to an order in TP No. 1263/2023 an affidavit verifying the translation of the Will was filed and the original Will deposited with the Prothonotary and Senior Master, High Court, Bombay. Execution of the Will was proved through the affidavit (Form No. 102) of attesting witness Atulbhai K. Mehta. Citation was affixed at the High Court and the Collector's Office, Mumbai, and notice issued to the Collector (Rules 396, 397(1) and (4)); no objection arose. Legal heirs waived service of citation, and other legatees — Arati, Sejuti, Beena, Bijal — consented. An administration bond was executed. Held: petition granted; Office to issue Letters of Administration with Will annexed operative throughout India, subject to verification that no cross-petition or caveat is pending.

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 18th August, 2025

FOR COMPLIANCE:

TP/276/2024 P. C. : [Original] (ECHCBM020610 82023) with WILL/81/2024

Shri. Shivam Gupta i/b Nerrisa Almedia Ld. Advocate for the Petitioner

1) This petition is filed by petitioner, being one of the beneficiaries under the Will executed by Chandravadan Anantray Bhuta alias Chandrakant Bhuta alias Chandravadan Bhuta alias Chandravadan Anantrai Bhuta alias C. A. Bhuta (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 Ahemdabad on 13-09-2016 Petitioner, namely Sunil Chandrakant Bhuta alias Sunil Bhuta alias Sunil Chandravadan Bhuta, filed the copy of death certificate, identity proof of the testator, Will along with its translation, 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 sole 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 Ahmedabad on 24.10.2008, in Gujrati language. In view of the Order of the Hon’ble Court passed in the TP No. 1263/2023, the Ld. Advocate for the petitioner has filed an

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affidavit stating that the translation of the Will is true translation as per the contents of the Original Will. 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.

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

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 Atulbhai K. Mehta 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.

9) Properties mentioned in the schedule-I of

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the petition are referred in the Will.

10) Other legatees, namely Arati, Sejuti, Beena, Bijal, have given consent to grant Letters of Administration to petitioner.

11) 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, upon satisfaction that the administration Bond is properly executed, as per the Rules, throughout India.

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.

18th August, 2025 Officer on Special Duty, with Testamentary Department

18th August, 2025