Dinesh Maganlal J Adhav vs Late Maganlal Shamji… — Succession and Inheritance | Bombay HC (2025)

Dinesh Maganlal J Adhav vs Late Maganlal Shamji… — 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, having effect throughout the State of Maharashtra, subject to the Office first verifying 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 beneficiaries. +3 more

Court's answer

As no executor has been appointed under the Will and the petitioner is one of the beneficiaries under the Will, the petition is tenable.

Ratio / Principle

On the affidavits of the attesting witnesses Tushar Ashwin Desai and Bharat Ramesh Bhogate, who deposed that the deceased signed the Testament in their presence after going through its contents, execution of the Will is accepted as proved, with sufficient compliance of Rule 383 of the Rules.

Key takeaways

The delay in filing the petition stands explained in terms of Rule 382 of the Bombay High Court (Original Side) Rules, 1980.ratio¶3
Since citation was duly issued and affixed, notice was given to the Collector, and no one appeared to resist the claim or point to any pending litigation concerning the same properties, the petition is treated as uncontested.ratio¶7
The properties mentioned in Schedule-I of the petition are referred to in the Will.ratio

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri. P. A. Jagdale, Officer on Special Duty), 18.06.2025 — TP/3732/2024 (with WILL/1470/2024): Petition by Dinesh Maganlal Jadhav, a beneficiary under the Will of Maganlal Shamji Jadhav (died at Mumbai on 13.08.2010), for Letters of Administration with Will annexed, granted. The Will was executed at Mumbai on 02.12.2009 in English; no executor was appointed under it, so the petition by a beneficiary was held tenable. Delay in filing was explained under Rule 382 of the Bombay High Court (Original Side) Rules, 1980. Due execution was proved through the affidavits of attesting witnesses Tushar Ashwin Desai and Bharat Ramesh Bhogate in Form No.102, with sufficient compliance of Rule 383; additions/alterations in the Will were stated to have existed at the time of execution. Citation was duly affixed and 14 days expired under Rule 397(1) and (4); notice to the Collector issued under Rule 396; nobody appeared, so the petition was treated as uncontested. Legal heirs consented and waived citation; other legatees Jitendra Maganlal Jadhav and Suresh Maganlal Jadhav consented; Schedule-I properties were found referred to in the Will; administration bond was executed. Held: petition granted; Letters of Administration with Will annexed to issue with effect throughout the State of Maharashtra, subject to verification that no cross-petition or caveat is pending.

1 83. TP/3732/2024

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

FOR COMPLIANCE:

83.TP/3732/2024 P.C. With WILL/1470/2024

Mr. Abhishek Nikharge, Ld. Advocate for the Petitioner.

1) This petition is filed by petitioner, being one of the beneficiaries under the Will executed by Maganlal Shamji Jadhav (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 Mumbai on 13.08.2010. Petitioner, namely Dinesh Maganlal Jadhav, filed the copy of death certificate/s, identity proof of the testator, Will, 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 one of the beneficiary 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 Mumbai on 02.12.2009, 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. Advocate for petitioner submits that testator is survived by legal heirs, whose details are given in the petition, as per the provisions of Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased, except mentioned in the petition. Legal heirs of the testator have consented to the

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

8) The petitioner has filed the affidavit of Tushar Ashwin Desai and Bharat Ramesh Bhogate, attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. They deposed that deceased signed the Testament in their presence, 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. According to them all additions and alteration in a Will were existed at the time of execution before signing the Will. Hence, there is sufficient compliance of the Rule 383 of the Rules.

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

10) Other legatees, namely Jitendra Maganlal Jadhav and Suresh Maganlal Jadhav, have given consents 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.

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

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