Chetan Vijay Shedge vs Bhalchandra Nathu Patil — Succession and Inheritance | Bombay HC (2025)

Chetan Vijay Shedge vs Bhalchandra Nathu Patil — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed ordered to be issued to the petitioner for the whole State of Maharashtra, upon satisfaction that the administration bond is properly executed, subject to office verification that no cross-petition is pending or caveat is filed.

Issue for consideration

Is the petition tenable where no executor was appointed under the Will and the petitioner is its sole legatee? +3 more

Court's answer

No executor has been appointed under the Will and the petitioner is the sole Legatee under the Will; hence the petition is tenable.

Ratio / Principle

The petitioner has explained the delay in presenting the petition vide Rule 382 of the Bombay High Court (Original Side) Rules, 1980.

Key takeaways

Enough evidence is on record to accept the execution of the Will and the petitioner has succeeded in proving the execution of the Will, on the strength of the attesting witness Rajendra Atmaram Thakur's deposition that the deceased signed the Testament in his and another witness's presence after going through its contents.ratio¶16
Since no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition is treated as uncontested.ratio¶13

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty), order dated 28th March 2025 in 81.TP/481/2024: granted the petition of Chetan Vijay Shedge, sole legatee under the last Will and Testament of Bhalchandra Nathu Patil, who died at Mumbai on 11-05-2019, for Letters of Administration with Will annexed. The Will was executed at Alibag on 06.04.2015 (recorded as in 'Marahi' language) and the original was lodged with the Prothonotary and Senior Master. As no executor had been appointed under the Will, the sole-legatee petition was held tenable. Execution of the Will was proved through the affidavit in Form No. 102 of the Bombay High Court (Original Side) Rules, 1980 of attesting witness Rajendra Atmaram Thakur, who deposed the testator signed the Testament in the presence of himself and another witness. Delay in filing was explained vide Rule 382; citation was affixed for 14 days vide Rule 397(1) and (4), notice issued to the Collector vide Rule 396, and the legal heirs consented and waived service of citation; with no opposition, the petition was treated as uncontested. Schedule-I property valued at Rs. 55,50,000/- was covered by the administration bond. Letters of Administration were ordered to issue throughout the State of Maharashtra, subject to verification that no cross-petition or caveat is pending.

3 81.TP/481/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 28th March 2025

FOR COMPLIANCE:

TP/481/2024 P. C. : Shri. Sagar Sable i/b Kamini Yadav Ld. Advocate [Original] for the Petitioner (ECHCBM021855920 23) with WILL/216/2024 1) This petition is filed by petitioner,

1) This petition is filed by petitioner, being sole beneficiary under the Will executed by Bhalchandra Nathu Patil (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 11-05-2019 Petitioner, namely Chetan Vijay Shedge, 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. Ld. Advocate for the Petitioner submits that bond is executed for the gross amount and value of the property mentioned in schedule-I of the petition is Rs. 55,50,000/- and it may be accepted. Submission is taken on record.

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, petition is tenable.

5) Petitioner stated that the deceased left behind his last Will and Testament which was

3 81.TP/481/2024

duly executed at Alibag on 06.04.2015, in Marahi 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.

6) 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. The petitioner affirmed that there are no other legal heirs of the deceased. Legal heirs of the testator have 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 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 RAJENDRA ATMARAM THAKUR 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

3 81.TP/481/2024

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.

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, upon satisfaction that the administration Bond is properly executed, as per the Rules, throughout 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.

28th March 2025 Officer on Special Duty, with Testamentary Department

Procedural history

How this case reached the court

AI extract

Prior proceeding
Last Will and Testament of Bhalchandra Nathu Patil duly executed at Alibag on 06.04.2015 in what the record calls 'Marahi' language (as printed); original Will handed in separately to the Office of the Prothonotary and Senior Master, High Court, Bombay.¶11
Prior proceeding
The testator is recorded to have died at Mumbai on 11-05-2019.¶5
Prior proceeding
Along with the petition the petitioner filed the copy of the death certificate, identity proof of the testator, the Will and the petitioner's oath.¶5
Prior proceeding
The parents of the deceased predeceased the testator; the testator was survived by legal heirs per the provisions of the Hindu Succession Act, 1956. The petitioner affirmed there are no other legal heirs, and the legal heirs consented to the petition and waived service of citation.¶12
Prior proceeding
Citation was issued and duly affixed on the conspicuous part of the Hon'ble High Court and the notice board of the Collector's Office at Mumbai.¶13
Prior proceeding
Fourteen days expired after publication of the citation vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and an affidavit to that effect was filed.¶13
Prior proceeding
Notice was issued to the Collector vide Rule 396 of the BHC Rules.¶13
Prior proceeding
No one appeared to resist the petitioner's claim and no pending litigation concerning the same properties was brought to notice; the petition was therefore treated as uncontested.¶13
Prior proceeding
The petitioner filed the affidavit of Rajendra Atmaram Thakur, one of the attesting witnesses to the Will, in Form No. 102 of the Bombay High Court (Original Side) Rules, 1980; he deposed the deceased signed the Testament in his and another witness's presence after going through its contents.¶14
Prior proceeding
An administration bond was executed for the gross amount and value of the property in schedule-I of the petition (Rs. 55,50,000/-).¶6
Prior proceeding
The petitioner executed the administration bond in the prescribed format.¶18