Uzma Abid Porbanderwalla vs Man Mohan Das (Deceased) — Succession and Inheritance | Bombay HC (2025)

Uzma Abid Porbanderwalla vs Man Mohan Das (Deceased) — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Petition granted; Office directed 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, and subject to verification before issuance that no cross-petition is pending or caveat is filed.

Issue for consideration

Whether the last Will and Testament of the Testator, executed at Mumbai on 10.10.2014 in English, was duly executed and proved, including compliance with Rule 383 regarding additions and alterations in the Will. +2 more

Court's answer

Execution of the Testator's Will stands proved: on the affidavit of attesting witness Sunil Shantilal Gokal (Form No. 102), the deceased signed the Testament in the witness's presence and that of another witness after going through its contents; all additions and alterations existed at the time of execution and before signing, constituting sufficient compliance with Rule 383 of the Bombay High Court (Original Side) Rules, 1980.

Ratio / Principle

Under Sec. 211 read with Sec. 213 of the Indian Succession Act, the petitioner — executor under the Will dated 22-6-2022 of Anita Das, with probate granted on 30.07.2024 in TP No. 1650 of 2024 (Ex.E) — acquires the capacity of Anita's representative, and the petition is tenable under Sec. 233 of the Indian Succession Act in view of the probate so obtained.

Key takeaways

The delay in presenting the petition is explained in terms of Rule 382 of the Bombay High Court (Original Side) Rules, 1980.ratio¶7
Citation having been duly issued and affixed and notice given to the Collector under Rules 396 and 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and no one having appeared to resist the claim nor any pending litigation regarding the same properties being brought to notice, the petition was treated as uncontested.ratio¶16

Detailed headnote1 paragraphs

Testamentary Petition (77.TP/1341/2017), High Court, Bombay — Testamentary Department; decided 13th June 2025 by Shri P. A. Jagdale, Officer on Special Duty. Petition by Uzma Abid Porbanderwalla, representative of the sole beneficiary, for Letters of Administration with Will annexed under the Will executed at Mumbai on 10.10.2014 by Man Mohan Das s/o Moti Lal Das alias Man Mohan Moti Lal Das, said to have died at Mumbai (death certificate filed; date printed as '05-012022'). The named executor and sole beneficiary Anita Manmohan Das died on 06.10.2023 before grant; she had executed her own Will dated 22-6-2022 appointing the petitioner executrix and beneficiary, and probate was granted in TP No. 1650 of 2024 on 30.07.2024 (Ex.E). The court held that under Sec. 211 read with Sec. 213 of the Indian Succession Act the petitioner acquired representative capacity and the petition was tenable under Sec. 233 of the IS Act; that execution of the 2014 Will was proved through the affidavit of attesting witness Sunil Shantilal Gokal in Form No. 102, additions/alterations existing before signature, satisfying Rule 383; that delay stood explained under Rule 382 BHC (O.S.) Rules, 1980; and that citations under Rules 396 and 397(1) and (4) drew no opposition, the heirs having consented and waived citation, rendering the petition uncontested. Counsel relied on Abdul Hamid Khan v. Peare Mirza (1935 Oudh Weekly Notes 48) on the Muslim-law 'theory/doctrine of return' under which the widow takes as legal heir of the whole estate. Petition granted; Letters of Administration with Will annexed ordered throughout Maharashtra, subject to due execution of the administration bond and confirmation of no pending cross-petition or caveat.