Jitendra Shashikant Joshi vs Shailaja Shashikant… — Succession and Inheritance | Bombay HC (2025)

Jitendra Shashikant Joshi vs Shailaja Shashikant… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

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

Issue for consideration

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

Court's answer

Since no executor has been appointed under the Will and the petitioner is the sole legatee, the petition is tenable.

Ratio / Principle

Execution of the Will stands proved on the affidavit of attesting witness Sarita Mahadev Mule, who deposed that the deceased signed the Testament in her presence; there is enough evidence on record to accept the execution of the Will.

Key takeaways

The properties mentioned in Schedule-I of the petition are referred to in the Will.ratio¶16
As citation was duly issued and affixed, the 14-day period expired, notice was issued to the Collector, 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¶14
The petitioner has executed the administration bond in the prescribed format.ratio

Detailed headnote1 paragraphs

Testamentary Petition — Letters of Administration with Will annexed — Petition by sole legatee Jitendra Shashikant Joshi under the Will dated 06.07.2019 of Testatrix Shailaja Shashikant Joshi, said to have died at Mumbai on 02-08-2020 — No executor appointed under the Will; petitioner sole legatee; petition held tenable — Will executed in Marathi; official translation filed and Will lodged with the Prothonotary and Senior Master — Delay explained vide Rule 382, Bombay High Court (Original Side) Rules, 1980 — Execution of Will proved by affidavit of attesting witness Sarita Mahadev Mule in Form No. 102 of the said Rules — Citation issued and affixed; 14 days expired vide Rule 397(1) and (4); notice to Collector vide Rule 396; no opposition; petition uncontested — Legal heir Rajashree Vijay Joshi consented and waived service of citation — Administration bond executed — 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 86.TP/4762/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 04th December 2025

FOR COMPLIANCE:

TP/4762/2024 ) Shri. Saurabh Oka a/w Ms. Anita Patil Ld. [Original] ) Advocate for the Petitioner (ECHCBM02120442024) ) with ) WILL/1894/2024

P.C.:

1) Petitioner, namely Jitendra Shashikant Joshi, filed this petition, being the sole legatee under the Will executed by Shailaja Shashlkant Joshi (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 02-08-2020.

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, along with its official translation & petitioner's oath.

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 sole Legatee under the Will. Hence, the petition is tenable.

5) Petitioner stated that the deceased left behind her last Will and Testament, which was duly executed at Mumbai on 06.07.2019, in Marathi language. Its official translation is filed on the record. 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. 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 (Rajashree Vijay Joshi) has consented to the 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

2 86.TP/4762/2024

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 Sarita Mahadev Mule 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.

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

10) 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.

04th December 2025 Officer on Special Duty, with Testamentary Department