Asha Sanjeev Badgeri v. Radha Govind Shetti (Deceased)

Bombay HC11 Dec 2025TP/4062/2024

Case brief

AI extract

What is this about?

Letters of Administration with Will annexed; testamentary petition; legatee petitioner; death of executor; proof of execution by attesting witness affidavit Form No. 102; delay explained Rule 382; citation publication Rule 397(1)(4); notice to Collector Rule 396; Bombay High Court (O.S.) Rules 1980; Hindu Succession Act 1956 heirs; consent and waiver of citation; administration bond; uncontested petition; effect throughout India; cross-petition/caveat verification.

What did the court decide?

Petition granted; Office to issue Letters of Administration with Will annexed to the petitioner, as per the Rules, having effect throughout India — before issuance, the Office is to verify that no cross-petition is pending or caveat filed. ¶ORDER 12)

Asha Sanjeev Badgeri vs Radha Govind Shetti… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

¶ORDER 12)

Issue for consideration

Whether the petition for Letters of Administration with Will annexed is tenable notwithstanding the death of the executor named in the Will. +3 more

¶12)

Court's answer

The petition is tenable: the executor Shivram Manjunath Shetti died on 04.04.2017 (Ex-C) and the petitioner is one of the beneficiaries under the Will.

¶12)

Ratio / Principle

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

¶11)

Key takeaways

Citation having been published for the requisite 14 days and notice issued to the Collector, with no one resisting and no pending litigation disclosed, the petition is treated as uncontested.ratio¶15 (contd.)
Execution of the Will is sufficiently proved on the affidavit of attesting witness Karuna Pagare (Form No. 102), who deposed that the deceased signed the Testament in her presence.ratio¶16)
The properties listed in Schedule-I of the petition are those referred to in the Will.ratio

Detailed headnote1 paragraphs

Testamentary Petition (92.TP/4062/2024), decided 11.12.2025 by Shri P. A. Jagdale, Officer on Special Duty, Testamentary Department, High Court, Bombay — Petition by legatee Asha Sanjeev Badgeri for Letters of Administration with Will annexed to the Will of Radha Govind Shetti (died at Mumbai 12-06-2014), executed at Mumbai on 29.10.2012. Executor Shivram Manjunath Shetti predeceased (died 04.04.2017, Ex-C), hence petition by a beneficiary held tenable. Delay explained under Rule 382, Bombay HC (Original Side) Rules, 1980. Execution proved by affidavit of attesting witness Karuna Pagare in Form No. 102. Citation affixed for 14 days under Rule 397(1) and (4); notice to Collector under Rule 396; legal heir and co-legatee Mahesh consented; administration bond executed; petition treated as uncontested. Held: petition granted; Letters of Administration with Will annexed to issue having effect throughout India, subject to office verifying no cross-petition or caveat pending.

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2 92.TP/4062/2024

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Before: Shri. P. A. Jagdale,

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Officer on Special Duty, With the Testamentary Department Date: 11th December 2025

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FOR COMPLIANCE:

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92. TP/4062/2024 ) Shri. Enait Shaikh i/b Asutosh Shukla Ld. with ) Advocate for the Petitioner WILL/1609/2024 )

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P.C.:

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9) Petitioner, namely Asha Sanjeev Badgeri, filed this petition, being the one of the legatees under the Will executed by Radha Govind Shetti (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 12-06-2014.

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

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11) The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short “Rules”).

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12) The executor, namely Shivram Manjunath Shetti, is reported to have died on 04.04.2017 (Ex-C) and his death certificate has been filed on the record. The petitioner is the one of the beneficiary under the Will. Hence, the petition is tenable.

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13) Petitioner stated that the deceased left behind her last Will and Testament, which was duly executed at Mumbai on 29.10.2012, 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.

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14) 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 heir of the testatrix has consented to the petition and thereby waived the service of Citation.

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15) 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

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2 92.TP/4062/2024

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petition is treated as uncontested one.

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16) The petitioner has filed the affidavit of Karuna Pagare one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. She deposed that deceased signed the Testament in her presence. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will.

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

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18) Other legatee, namely Mahesh, has given consent to grant Letters of Administration to petitioner. Petitioner has executed the administration Bond in the prescribed format. Hence, following order:

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ORDER

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11) Petition is granted.

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

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13) 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.

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11th December 2025 Officer on Special Duty,

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with Testamentary Department

Asha Sanjeev Badgeri v. Radha Govind Shetti (Deceased)

Case brief

What is this about?

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Asha Sanjeev Badgeri v. Radha Govind Shetti (Deceased)

Case brief

What is this about?

What did the court decide?

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What the court decided

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