Suvarna Vishal Daware vs Late Vishal Dhananjay… — Succession and Inheritance | Bombay HC (2025)

Suvarna Vishal Daware vs Late Vishal Dhananjay… — 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, as per the Rules, having effect throughout the State of Maharashtra; before issuance, the Office to verify that no cross Petition is pending or caveat is filed.

Issue for consideration

Whether the petition for Letters of Administration with Will annexed is tenable where no executor has been appointed under the Will and the petitioner is one of the legatees under the Will. +2 more

Court's answer

No executor has been appointed under the Will and the petitioner is one of the legatees under the Will; hence the petition is tenable.

Ratio / Principle

Execution of the Will is sufficiently established: the attesting witness Manish Chandrakant Mahadik deposed that the deceased signed the Testament in his presence, so there is enough evidence on record to accept the execution of the Will and the petitioner has succeeded in proving the execution of the Will.

Key takeaways

Since the citation was duly affixed and fourteen days expired, and till today 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 treated as uncontested.ratio¶11
Properties mentioned in Schedule-I of the petition are referred to in the Will.ratio¶15
The other legatee Laxmi Daware gave consent to the grant of Letters of Administration to the petitioner, and the petitioner executed the administration Bond in the prescribed format, upon which the court proceeded to make the following order.

Detailed headnote1 paragraphs

TESTAMENTARY PETITION — LETTERS OF ADMINISTRATION WITH WILL ANNEXED GRANTED — High Court, Bombay (Testamentary Department), 17 December 2025, before Shri. P. A. Jagdale, Officer on Special Duty. Petitioner Suvarna Vishal Daware, one of the legatees under the Will of testator Vishal Dhananjay Daware (who died at Mumbai on 19-03-2024), sought Letters of Administration with Will annexed. No executor was appointed under the Will; hence the petition by a legatee was held tenable. The Will, duly executed at Mumbai on 16.02.2024 in Marathi (official translation filed; Will lodged with the Office of the Prothonotary and Senior Master, High Court, Bombay), was accepted as proved on the affidavit of attesting witness Manish Chandrakant Mahadik in Form No. 102 of the Bombay High Court (Original Side) Rules, 1980, deposing that the deceased signed the Testament in his presence. Citation was affixed on the conspicuous part of the High Court and the Collector's Office notice board, Mumbai, and 14 days expired vide Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector issued vide Rule 396 BHC Rules; no one resisted the claim and no pending litigation was brought to notice, so the petition was treated as uncontested. Legal heirs consented and waived service of Citation (details per Hindu Succession Act, 1988, as cited); other legatee Laxmi Daware consented; petitioner executed the administration Bond in prescribed form. Schedule-I properties were found referred to in the Will. ORDER: Petition granted; Office to issue Letters of Administration with Will annexed having effect throughout the State of Maharashtra, subject to verification that no cross-petition or caveat is pending before issuance.

1 122.TP/3437/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 17th December 2025

FOR COMPLIANCE:

TP/3437/2025 ) Shri. Sarthak Vij Ld. Advocate for the (AMH20230041645C202400053) ) with ) Petitioner WILL/1315/2025 )

P.C.:

1) Petitioner, namely Suvarna Vishal Daware,, filed this petition, being the one of the legatees under the Will executed by VISHAL DHANANJAY DAWARE, (herein after the same is referred to as “Testator”), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at Mumbai on 19-03-2024.

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, along with its official translation & petitioner's oath.

3) No executor has been appointed under the Will. The petitioner is the One of the legatee under the Will. Hence, the petition is tenable.

4) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Mumbai on 16.02.2024, in Marathi language. Its official translation is filed on the record. The Will is handed over separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay.

5) Ld. The advocate for the petitioner submits that the testator is survived by legal heirs, whose details are given in the petition’s paragraph No. 07, as per the provisions of Hindu Succession Act, 1988. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition. Legal heirs of the testator have consented to the petition and thereby waived the service of Citation.

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 Manish Chandrakant Mahadik

2 122.TP/3437/2025

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.

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

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

17th December 2025 Officer on Special Duty, with Testamentary Department

17th December 2025