Sumeet Srikishin Shroff vs Srikishin Chellaram… — Succession and Inheritance | Bombay HC (2025)

Sumeet Srikishin Shroff vs Srikishin Chellaram… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether Letters of Administration with the Will annexed should be granted to the petitioner, one of the beneficiaries/legatees under the Will of the deceased testator, the named executor having died. +1 more

Court's answer

The petition is tenable: although the executor named in the Will (Rajkumar V. Ahuja) is reported to have died on 25.01.2014, the petitioner is himself one of the legatees under the Will.

Ratio / Principle

Execution of the Will stands proved: the attesting witness Vindhvasiai Shyam Sharma deposed that the deceased signed the Testament in the presence of both witnesses after going through its contents, and there is enough evidence on record to accept execution of the Will.

Key takeaways

The petition is uncontested: citation was duly published and 14 days expired under Rule 397(1) and (4), notice was issued to the Collector under Rule 396, and no one appeared to resist the claim nor was anything brought to notice regarding pending litigation over the same properties.ratio¶29
Requisite consents and safeguards are on record: the legal heirs consented and waived service of citation, other legatee Maya consented to the grant to the petitioner, and the petitioner has executed the administration bond in the prescribed format.ratio¶32

Detailed headnote1 paragraphs

Testamentary Petition 80.TP/503/2024, decided 23.04.2025 by Shri P. A. Jagdale, Officer on Special Duty, Testamentary Department, High Court, Bombay — Letters of Administration with Will annexed GRANTED. Will of SRIKISHIN CHELLARAM SHROFF (died at Mumbai on 22-10-2021), executed at Mumbai on 07.05.2009; named executor RAJKUMAR V. AHUJA reported dead on 25.01.2014, so the petition by legatee-beneficiary SUMEET SRIKISHIN SHROFF was held tenable. Execution proved by affidavit of attesting witness VINDHVASIAI SHYAM SHARMA in form No. 102, Bombay High Court (O.S.) Rules, 1980. Citation published under Rules 397(1) and (4) and notice to Collector under Rule 396 of the BHC (O.S.) Rules, 1980; legal heirs consented and waived citation; legatee MAYA consented; administration bond executed; no caveat or cross-petition; petition uncontested. Office directed to issue Letters of Administration with Will annexed throughout Maharashtra after verifying the bond and absence of caveat/cross-petition.

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 23rd April, 2025

FOR COMPLIANCE:

TP/503/2024 P. C. : Shri. Sujeet Dubey i/b Chandrashekar Yadav Ld. [Original] Advocate for the Petitioner (ECHCBM020694520 23) with 24) This petition is filed by petitioner, being WILL/234/2024 one of the beneficiaries under the Will executed by SRIKISHIN CHELLARAM SHROFF (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 22-10-2021. Petitioner, namely Sumeet Srikishin Shroff, filed the copy of death certificate, identity proof of the testator, Will, petitioner's oath.

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

26) The executor, namely Rajkumar V. Ahuja is reported to have been died on 25.01.2014 and his death certificate has been filed on the record. The petitioner is the one of the legatee under the Will. Hence, petition is tenable.

27) Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Mumbai on 07.05.2009, 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.

28) Ld. Advocate for petitioner submits that testator is survived by legal heirs, whose details are given in the petition, as per the provisions of Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased, except mentioned in the petition. Legal heirs of the testator have consented to the

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petition and thereby waived the service of Citation.

29) 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.

30) The petitioner has filed the affidavit of Vindhvasiai Shyam Sharma, one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased signed the Testament in his presence as well as presence of 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.

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

32) Other legatees, namely Maya, has given consent to grant Letters of Administration to petitioner. 33) Petitioner has executed the administration Bond in the prescribed format. Hence, following order:

ORDER

7) Petition is granted.

8) Office to issue Letters of Administration with Will annexed to the petitioner, upon satisfaction that the

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administration Bond is properly executed, as per the Rules, throughout State of Maharashtra.

9) 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.

Officer on Special Duty,

23rd April, 2025 Officer on Special Duty, with Testamentary Department