Allowed¶20

Dinesh Chawla So Shricahnd Chawla v. Anju Chawal Wo Shrichand Chawala

Bombay HC3 Sept 2025TP/4434/2025

Case brief

AI extract

What is this about?

Testamentary petition granted — Letters of Administration with Will annexed to sole legatee Dinesh Chawla under the Will of deceased Anju Chawla (executed 05.03.2012 at Nagada, MP; died 27-08-2014); execution proved via attesting witnesses' Form No.102 affidavits; uncontested; Bombay HC (O.S.) Rules 1980, Rules 382, 396, 397(1)(4); ref. Order in TP No. 1263/2023; decided 09-12-2025, High Court, Bombay.

What did the court decide?

Letters of Administration with Will annexed to petitioner Dinesh Chawla, having effect throughout India, to be issued after the Office verifies that no cross-petition is pending or caveat is filed. ¶20

Dinesh Chawla So Shricahnd Chawla vs Anju Chawal… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed to petitioner Dinesh Chawla, having effect throughout India, to be issued after the Office verifies that no cross-petition is pending or caveat is filed.

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Issue for consideration

Whether the petition for Letters of Administration with Will annexed is tenable, given that no executor was appointed under the Will and the petitioner is the sole legatee. +2 more

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Court's answer

The petition is tenable: no executor has been appointed under the Will and the petitioner is the legatee under the Will.

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Ratio / Principle

Enough evidence is on record to accept the execution of the Will; the petitioner has succeeded in proving the execution of the Will.

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Key takeaways

Since no one appeared to resist the claim and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition is treated as uncontested.ratio¶15
The petition is granted; the Office is to issue Letters of Administration with Will annexed to the petitioner, as per the Rules, having effect throughout India, after first verifying that no cross-petition is pending or caveat is filed.ratio¶20

Detailed headnote1 paragraphs

High Court, Bombay (Testamentary Department) — 97.TP/4434/2025 (with WILL/1512/2025), decided 09-12-2025 by Shri P. A. Jagdale, Officer on Special Duty. Dinesh Chawla S/o Shrichand Chawla, sole legatee under the last Will of Anju Chawla W/o Shrichand Chawla (Testatrix), sought Letters of Administration with Will annexed. The Will was executed at Nagada, Madhya Pradesh on 05.03.2012 in Hindu language; the Testatrix died at Nagada on 27-08-2014. As no executor was appointed, the petition was held tenable. Execution of the Will was accepted on the affidavits of attesting witnesses Pramod S/o Balkishan Batham and Suresh S/o Bhajanlal Punjabi in Form No.102, Bombay High Court (Original Side) Rules, 1980. A translation affidavit was filed in view of the Order in TP No. 1263/2023, and the original Will was deposited with the Prothonotary and Senior Master. Delay was explained vide Rule 382; Citation was affixed and 14 days expired vide Rule 397(1) and (4); the Collector was notified vide Rule 396 of the BHC (O.S.) Rules, 1980; the legal heirs consented and waived service of Citation; the administration Bond was executed; the petition was treated as uncontested. Held: petition granted; Letters of Administration with Will annexed to issue with effect throughout India, subject to office verification that no cross-petition is pending or caveat is filed.

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1 97.TP/4434/2025

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 09th December 2025

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FOR COMPLIANCE:

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TP/4434/2025 [Original] (ECHCBM02122932023) with WILL/1512/2025

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) Shri. Harsh Nishar a/w Shri. Gaurang ) ) Jhaveri a/w Ms. Vandana Bait i/b Amey ) Deshpande Ld. Advocate for the Petitioner )

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P.C.:

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1) Petitioner, namely Dinesh Chawla S/o Shrichand Chawla, filed this petition, being the sole legatee under the Will executed by Anju Chawla W / o Shrichand Chawla (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 Nagada on 27-08-2014.

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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 and petitioner's oath.

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

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5) Petitioner stated that the deceased left behind her last Will and Testament, which was duly executed at Nagada, Madhya Pradesh on 05.03.2012, in Hindu language. In view of the Order of the Hon’ble Court passed in the TP No. 1263/2023, the Ld. The advocate for the petitioner has filed an affidavit stating that the translation of the Will is a true translation as per the contents of the Original Will. 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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6) 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. 05, as per the provisions of the Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition. Legal heirs of the testatrix have consented to the petition and thereby waived the service of Citation.

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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

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2 97.TP/4434/2025

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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.

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8) The petitioner has filed the affidavits of Pramod S/o Balkishan Batham & Suresh S/o Bhajanlal Punjabi, 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. 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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9) Properties mentioned in the schedule-I of the petition are referred in the Will. Petitioner has executed the administration Bond in the prescribed format. Hence, following order:

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ORDER

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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 India.

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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.

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09th December 2025 Officer on Special Duty, with Testamentary Department

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09th December 2025

Dinesh Chawla So Shricahnd Chawla v. Anju Chawal Wo Shrichand Chawala

Case brief

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Dinesh Chawla So Shricahnd Chawla v. Anju Chawal Wo Shrichand Chawala

Case brief

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