Mahesh Joginder Vani vs Ramrati Joginder Vani — Succession and Inheritance | Bombay HC (2025)

Mahesh Joginder Vani vs Ramrati Joginder Vani — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Petition granted; Office to issue Letters of Administration with Will annexed to the petitioner as per the Rules, having effect throughout the State of Maharashtra, subject to the Office first 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 the sole legatee. +3 more

Court's answer

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

Ratio / Principle

Execution of the Will stands proved on the affidavit of attesting witness Vinod Badri Narayan Pal: the Testatrix signed the Will in his presence, all additions and alterations existed at the time of execution and the contents were read over to the Testatrix before signing, showing sufficient compliance of Rules 383 and 419.

Key takeaways

The petition is treated as uncontested, as within the citation period no one appeared to resist the claim and nothing regarding pending litigation over the same properties was brought to notice.ratio¶7
The properties mentioned in Schedule-I of the petition are referred to in the Will.ratio¶9
The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980, and the petition was thereafter admitted and granted.ratio

Detailed headnote1 paragraphs

Testamentary Petition 93.TP/3031/2025 (with WILL/1146/2025), Bombay High Court (Original Side) – Testamentary Department, decided 14th November, 2025 by Shri P. A. Jagdale, Officer on Special Duty. Mahesh Joginder Vani, sole legatee under the last Will and Testament of Ramrati Joginder Vani (Testatrix, who died at Mumbai on 03-05-2019), petitioned for Letters of Administration with Will annexed, the Will having been duly executed at Mumbai on 07.08.2015 in English and lodged with the Prothonotary and Senior Master. No executor was appointed, hence the petition was tenable; the delay was explained vide Rule 382 of the Bombay High Court (O.S.) Rules, 1980; execution was proved through the Form No. 102 affidavit of attesting witness Vinod Badri Narayan Pal (signature in his presence, alterations pre-existing, contents read over to the Testatrix), evidencing sufficient compliance of Rules 383 & 419; legal heirs (per Hindu Succession Act, 1956) consented and waived citation; citation affixed at the High Court and Collector’s Office, Mumbai, ran its 14 days vide Rules 397(1) and (4), notice issued to the Collector vide Rule 396, and no objection or pending litigation surfaced; Schedule-I properties are referred to in the Will; administration bond executed. Held: petition granted; Office to issue Letters of Administration with Will annexed, having effect throughout the State of Maharashtra, after verifying no cross-petition or caveat is pending.

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 14th November, 2025

FOR COMPLIANCE:

TP/3031/2025 [Original] (ECHCBM02204712023) with WILL/1146/2025

) ) Shri. Dinesh Parmar Ld. Advocate for the ) Petitioner ) )

P.C.:

1) Petitioner, namely Mahesh Joginder Vani, filed this petition, being the sole legatee under the Will executed by Ramrati Joginder Vani (herein after the same is referred to as “Testatrix”), for the grant of a Letters of Administration with Will annexed. The Said Testatrix said to have died at Mumbai on 03-05-2019.

2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioner, filed the copy of death certificate, an identity proof of the testator, Will & petitioner's oath.

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, the petition is tenable.

5) Petitioner stated that the deceased left behind her last Will and Testament, which was duly executed at Mumbai on 07.08.2015, 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. The advocate for the petitioner submits that the Testatrix 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 as mentioned in the petition. Legal heirs of the testatrix have 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

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same properties. Hence, the petition is treated as uncontested one.

8) The petitioner has filed the affidavit of Vinod Badri Narayan Pal 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. 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 contents of the Will were read over to the testatrix before signing the Will. Hence, there is sufficient compliance of the Rule 383 & 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

1) Petition is granted.

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

14th November, 2025 Officer on Special Duty, with Testamentary Department

14th November, 2025