Minar Bhalchandra Chandan v. Chandan Bhalchandra Narhar
Case brief
What is this about?
Letters of Administration with Will annexed; testamentary petition; sole legatee; no executor appointed; Will dated 28.10.1994 executed at Mumbai; Testatrix died 26-01-2004 at Mumbai; delay explained Rule 382 Bombay High Court (Original Side) Rules 1980; execution of Will proved by attesting witness affidavit Form No.102; Rule 383 compliance additions alterations; citation to non-consenting legal heirs served by sheriff postal service; citation affixed High Court and Collector's Office Mumbai Rule 397(1) and (4); notice to Collector Rule 396 BHC Rules; uncontested petition; Schedule-I properties referred in Will; administration bond executed; Hindu Succession Act 1956 legal heirs; grant effective throughout State of Maharashtra; cross petition caveat verification; Prothonotary and Senior Master.
What did the court decide?
Letters of Administration with Will annexed to be issued 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 or caveat is filed.