Kishor Govind Kale vs Vilas Shantaram Jadhav the… — Succession and Inheritance | Bombay HC (2025)

Kishor Govind Kale vs Vilas Shantaram Jadhav the… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed directed to be issued to the petitioner as per the Rules, having effect throughout the State of Maharashtra, subject to verification that no cross-petition is pending or caveat filed.

Issue for consideration

Whether the petition is tenable where no executor has been appointed under the Will and the petitioner is a beneficiary (sole legatee) under the Will. +2 more

Court's answer

Since no executor has been appointed under the Will and the petitioner is a beneficiary under it, the petition is tenable.

Ratio / Principle

On the affidavit of the attesting witness (thumb impression affixed by the deceased in the witness's presence, all additions and alterations existing at execution, contents read over to the testator before signing), there is sufficient evidence on record and the petitioner has succeeded in proving execution of the Will, with sufficient compliance of Rules 383 & 419.

Key takeaways

With the citation duly published and 14 days expired without any appearance resisting the claim and nothing brought to notice regarding pending litigation on the scheduled properties, the petition is treated as uncontested.ratio¶11
The properties mentioned in Schedule-I of the petition are referred to in the Will.ratio¶15
The petition is granted and the Office is to issue Letters of Administration with Will annexed 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 filed.ratio

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department — 110.TP/4667/2025 (with connected WILL/1723/2025), decided 05th December 2025 by Shri P. A. Jagdale, Officer on Special Duty. Kishor Govind Kale, sole legatee and beneficiary under the Will executed at Mumbai on 04.04.2024 by Vilas Shantaram Jadhav (who died at Mumbai on 22-04-2024), sought Letters of Administration with Will annexed. As no executor was appointed, the petition was held tenable. Execution of the Will was proved through the affidavit of attesting witness Prashantkumar Chindhu Sbimp (Form No. 102, Bombay High Court (O.S.) Rules, 1980): the deceased affixed his thumb impression on the testament in the witness's presence, all additions and alterations existed at execution and the contents were read over to the testator before signing — sufficient compliance of Rules 383 & 419. The legal heirs consented and waived citation; citation under Rules 397(1) and (4) and Collector's notice under Rule 396 of the BHC Rules expired with no opposition and no pending litigation reported, so the petition was treated as uncontested; Schedule-I properties were found referred to in the Will and the administration bond was executed. Petition granted: Letters of Administration with Will annexed to issue with effect throughout the State of Maharashtra, contingent on the Office verifying no cross-petition or caveat.

2 110.TP/4667/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 05th December 2025

FOR COMPLIANCE:

TP/4667/2025 ) Shri. Jayant Wani i/b Vinayak Palande Ld. (AMH20230026312C202400010) ) with ) Advocate for the Petitioner WILL/1723/2025 )

P.C.:

1) Petitioner, namely KISHOR GOVIND KALE, filed this petition, being the sole legatee under the Will executed by VILAS SHANTARAM JADHAV (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 22-04-2024.

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 and petitioner's oath.

3) No executor has been appointed under the Will. The petitioner is the beneficiary under the Will 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 04.04.2024, 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.

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. 09, 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 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 Prashantkumar Chindhu Sbimp one of attesting Witnesses to the Will, in form No.102 of Bombay High Court

2 110.TP/4667/2025

(Original Side) Rules, 1980. He deposed that deceased affixed his Thumb impression on 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. According to him all additions and alteration in a Will were existed at the time of execution and contents of the Will were read over to the testator before signing the Will. Hence, there is sufficient compliance of the Rule 383 & 419 of the Rules.

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

9) 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.

05th December 2025 Officer on Special Duty, with Testamentary Department