Leena Robin Mehta vs Radhaben Dhananjay Thakar… — Succession and Inheritance | Bombay HC (2025)

Leena Robin Mehta vs Radhaben Dhananjay Thakar… — 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 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 was appointed under the Will and the petitioner is one of the legatees. +2 more

Court's answer

As no executor was appointed under the Will and the petitioner is one of the legatees under the Will, the petition is tenable.

Ratio / Principle

Execution of the Will is proved on the affidavits of the attesting witnesses Mukesh Khanolkar and Amol Kotkar, who deposed that the deceased signed the Testament in their presence and that all additions and alterations existed at the time of execution, constituting sufficient compliance with Rule 383 of the Rules.

Key takeaways

Since no one appeared to resist the petitioner's claim after expiry of the citation period and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition is treated as uncontested.ratio¶¶14

Detailed headnote1 paragraphs

Bombay High Court, Original Side (Testamentary Department), 98.TP/5139/2024 — order dated 04th August, 2025 by Shri P. A. Jagdale, Officer on Special Duty. Petition by Leena Robin Mehta, a beneficiary/legatee under the Will executed at Mumbai on 05.05.2009 by Radhaben Dhananjay Thakkar (who died at Mumbai on 28.09.2017), for Letters of Administration with Will annexed. No executor having been appointed under the Will and the petitioner being one of the legatees, the petition was held tenable. Delay was explained under Rule 382 of the Bombay High Court (Original Side) Rules, 1980. Citation was duly affixed and 14 days expired under Rules 397(1) and (4), with notice to the Collector under Rule 396; no one appeared and no pending litigation concerning the same properties was reported, so the petition was treated as uncontested. Execution of the Will was proved through the affidavits of attesting witnesses Mukesh Khanolkar and Amol Kotkar filed in Form No. 102, the additions and alterations having existed at execution — sufficient compliance with Rule 383. Legal heirs consented and waived citation; other legatees Paresh Thakkar and Minti Radia consented; the administration bond was executed. ORDER: Petition granted; Office to issue Letters of Administration with Will annexed having effect throughout the State of Maharashtra, after verifying that no cross-petition is pending or caveat is filed.

98.TP/5139/2024

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

FOR COMPLIANCE:

TP/5139/2024 P. C. : Ms. Panthi Desai i/b M P Vashi & Associates Ld. with Advocate for the Petitioner

WILL/2056/2024

1) This petition is filed by petitioner, being one of the beneficiaries under the Will executed by Radhaben Dhananjay Thakkar (herein after the same is referred to as “Testatrix”), for grant of a Letters of Administration with Will annexed. Said Testatrix said to have died at Mumbai on 28.09.2017. Petitioner, namely Leena Robin Mehta, 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 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 one of the legatee under the Will. Hence, petition is tenable.

5) Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Mumbai on 05.05.2009, in English language. 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. Advocate for petitioner submits that Testatrix is survived by legal heirs, whose details are given in the petition’s paragraph No. 8, 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 testatrix have consented to the petition and thereby waived the

98.TP/5139/2024

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 Mukesh Khanolkar and Amol Kotkar attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. They deposed that deceased signed the Testament in their 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 them all additions and alteration in a Will were existed at the time of execution before signing the Will. Hence, there is sufficient compliance of the Rule 383 of the Rules.

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

10) Other legatees, namely Paresh Thakkar and Minti Radia, have given consents to grant Letters of Administration to petitioner.

11) 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

98.TP/5139/2024

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.

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

04th August, 2025