Sharvani Parag Korgaonkar Nee Shilpa D/O Prakash… — Succession and Inheritance | Bombay HC (2025)

Sharvani Parag Korgaonkar Nee Shilpa D/O Prakash… — 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 throughout the State of Maharashtra, renouncing the right of the executor Adv. Rupesh D. Dohoni, upon satisfaction that the administration bond is properly executed as per the Rules; office to first verify that no cross-petition is pending or caveat is filed.

Issue for consideration

Whether the petition for Letters of Administration with Will annexed is tenable where the named executor has relinquished executorship and the petitioner is the sole legatee/beneficiary under the Will. +3 more

Court's answer

Since the executor Adv. Rupesh D Dohoni has relinquished executorship by affidavit dated 19/09/2024 and the petitioner is the sole Legatee under the Will, the petition is tenable.

Ratio / Principle

Execution of the Will is proved through the affidavit of attesting witness Nandkumar Nikam, who deposed he was present when the deceased signed the Testament in his and another witness's presence; all additions and alterations existed at the time of execution before signing; there is sufficient compliance of Rule 383 of the Rules.

Key takeaways

As citation expired after 14 days, notice to the Collector was issued, and no one appeared to resist the claim nor was any pending litigation reported, the petition is treated as uncontested.ratio¶14
The properties mentioned in Schedule-I of the petition are referred to in the Will.ratio¶16

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department), Order dated 03rd March 2025 in 62.TP/480/2024 (also referenced as WILL/215/2024): Petition by Shravni Parag Korgaonkar Nee Shilpa, beneficiary and sole legatee under the Will of Prakash Raghunath Dhamanaskar (testator, died at Mumbai on 01-02-2023), for Letters of Administration with Will annexed. The named executor, Adv. Rupesh D. Dohoni, relinquished executorship by affidavit dated 19/09/2024, making the petition tenable. The Will (stated to be executed on 15.105.2022 as printed, in English) was proved by the affidavit of attesting witness Nandkumar Nikam filed in Form No.102 of the Bombay High Court (Original Side) Rules, 1980, who confirmed the deceased signed in his and another witness's presence and that all additions/alterations pre-dated signing; compliance with Rule 383 held sufficient. Legal heirs consented and waived citation; citation ran its 14-day course vide Rule 397(1) and (4) and notice went to the Collector vide Rule 396 of the BHC Rules; no objector appeared and no pending litigation was reported, so the petition was uncontested. Schedule-I properties were found referred to in the Will. Petition granted; Office directed to issue Letters of Administration with Will annexed throughout Maharashtra, renouncing the executor's right, subject to proper execution of the administration bond and verification that no cross-petition or caveat subsists.

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 03rd March 2025

FOR COMPLIANCE:

TP/480/2024 P. C.: Shri. R T Kharwar i/b M/S Tripathi & Associates, for [Original] the petitioner.

(ECHCBM021638 82023) 1) This petition is filed by petitioner, being sole

with beneficiary under the Will executed by Prakash

WILL/215/2024 Raghunath Dhamanaskar (herein after the same is referred to as “Testator”), for grant of a Letters of Administration with Will annexed. Said Testator said to have died at Mumbai on 01-02-2023 Petitioner, namely Shravni Parag Korgaonkar Nee Shilpa D/o Prakash Dhamanskar, filed the copy of death certificate, identity proof of the testator, Will, petitioner's oath.

2) Perused petition. Heard Ld. Advocate for petitioner. Perused documents.

3) The executor, namely Adv. Rupesh D Dohoni have relinquished executorship by filing an affidavit dated 19/09/2024. The petitioner is the sole Legatee under the Will. Hence, petition is tenable.

4) Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at on 15.105.2022, in English language. The original 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. Advocate for petitioner submits that parents of deceased predeceased testator and testator was survived by legal heirs, as per the provisions of Hindu Succession Act, 1956. Legal heirs of the testator has consented to the petition and thereby waived the service of Citation. The petitioner affirmed that there are no other legal heirs of the deceased.

6) Citation was issued, which has been duly affixed on the conspicuous part of the Hon’ble High Court

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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 Nandkumar Nikam, one of Attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that he was present and deceased signed the Testament in presence of him and another witness, after going through its contents. 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 before singing the Will. Hence, there is sufficient compliance of the Rule 383 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

Petition is granted.

Office to issue Letters of Administration with Will annexed to the petitioner, renouncing the right of the Executor, namely Adv. Rupesh D. Dohoni, upon satisfaction that the administration Bond is properly executed, as per the Rules, throughout State of Maharashtra.

Before issuance of Letters of Administration with Will, the office to verify that there is no

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cross Petition is pending or caveat is filed. Office to act accordingly.

03rd March 2025 Officer on Special Duty, with Testamentary Department