Rajesh Prabhakar Vagal vs Sunanda Dattatray… — Succession and Inheritance | Bombay HC (2025)

Rajesh Prabhakar Vagal vs Sunanda Dattatray… — 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 the Office first verifying 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 no executor has been appointed under the Will and the petitioner is the sole legatee. +3 more

Court's answer

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

Ratio / Principle

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

Key takeaways

There is sufficient compliance of Rule 419 of the Rules, the contents of the Will having been read over to the Testatrix before she signed it.ratio¶15
The petition is treated as uncontested: no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation pertaining to the same properties.ratio¶14
Citation publication complied with Rule 397(1) and (4) of the BHC Rules, 14 days having expired and an affidavit to that effect having been filed.

Detailed headnote1 paragraphs

Testamentary petition (106.TP/4943/2025, Will No. 2466/2025) before the Officer on Special Duty, Testamentary Department, High Court, Bombay: Letters of Administration with Will annexed granted to Rajesh Prabhakar Vagal, sole legatee under the Will dated 09.09.2022 (executed at Mumbai in Marathi) of Sunanda Dattatray Devrukhkar, who died at Nagpur on 26-02-2024. Petition held tenable as no executor was appointed under the Will. Execution of the Will proved through the affidavit of attesting witness Kalpana Sanjay Patil in Form No. 102 of the Bombay High Court (Original Side) Rules, 1980, who deposed that the deceased affixed her thumb impression in her presence and that the Will's contents were read over to the Testatrix before signing, satisfying Rule 419. A translation-verification affidavit was filed in view of the Court's order in TP No. 1263/2023. Citation was published for the statutory 14-day period vide Rules 397(1) and (4) and notice given to the Collector vide Rule 396 of the BHC Rules; no objection appeared and no pending litigation touching the scheduled properties was reported; legal heirs consented and waived citation. Petition treated as uncontested; administration bond executed in prescribed format. Letters of Administration ordered to have effect throughout Maharashtra, subject to the Office verifying that no cross-petition is pending or caveat filed.

1 106.TP/4943/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 19th December 2025

FOR COMPLIANCE:

TP/4943/2025 ) Shri. Jayant Wani i/b Amit More Ld. [Original] ) Advocate for the Petitioner (ECHCBM02091192024) )

Will No. 2466/2025

P.C.:

1) Petitioner, namely Rajesh Prabhakar Vagal, filed this petition, being the sole legatee under the Will executed by Sunanda Dattatray Devrukhkar (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 Nagpur on 26-02-2024.

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

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

4) Petitioner stated that the deceased left behind her last Will and Testament, which was duly executed at Mumbai on 09.09.2022, in Marathi 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 over 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 Testatrix is survived by legal heirs, whose details are given in the petition’s paragraph No. 08, 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.

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

2 106.TP/4943/2025

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 Kalpana Sanjay Patil one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. She deposed that deceased affixed her thumb impression 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. According to her contents of the Will were read over to the testatrix before signing the Will. Hence, there is sufficient compliance of the Rule 419 of the Rules.

8) 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:

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.

19th December 2025 Officer on Special Duty, with Testamentary Department

19th December 2025

Procedural history

How this case reached the court

AI extract

Prior proceeding
Death of the Testatrix, Sunanda Dattatray Devrukhkar, at Nagpur on 26-02-2024.¶7
Prior proceeding
Execution of the Testatrix's last Will and Testament at Mumbai on 09.09.2022 in Marathi language.¶10
Prior proceeding
Pursuant to the Hon'ble Court's order in TP No. 1263/2023, the petitioner's advocate filed an affidavit certifying the translation of the Will as a true translation of the Original Will.¶10
Prior proceeding
Original Will handed over separately to be filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay.¶10
Prior proceeding
Details of the Testatrix's legal heirs given in paragraph No. 08 of the petition as per the Hindu Succession Act, 1956; petitioner affirmed there are no other legal heirs.¶11
Prior proceeding
Legal heirs of the Testatrix consented to the petition and waived service of Citation.¶11
Prior proceeding
Citation 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.¶12
Prior proceeding
14 days expired since citation publication vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980 ('BHC Rules'); affidavit to that effect filed.¶12
Prior proceeding
Notice issued to the Collector vide Rule 396 of the BHC Rules.¶12
Prior proceeding
No one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation pertaining to the same properties; petition treated as uncontested.¶14
Prior proceeding
Affidavit of attesting witness Kalpana Sanjay Patil filed in Form No. 102 of the Bombay High Court (Original Side) Rules, 1980.¶15
Prior proceeding
Attesting witness deposed that the deceased affixed her thumb impression in her presence.¶15
Prior proceeding
Contents of the Will were read over to the Testatrix before signing, per the attesting witness's deposition.¶15
Prior proceeding
Properties in Schedule-I of the petition are referred to in the Will.¶16
Prior proceeding
Petitioner executed the administration Bond in the prescribed format.¶16