Gautam Vijay Shah vs Nirupama Vijay Shah (Deceased) — Succession and Inheritance | Bombay HC (2025)

Gautam Vijay Shah vs Nirupama Vijay Shah (Deceased) — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed directed to be issued to petitioner GAUTAM VIJAY SHAH throughout the State of Maharashtra, renouncing the right of the executor Parthiv Rajendra Shah, upon satisfaction that the administration Bond is properly executed, and subject to office verification that no cross petition is pending or caveat filed.

Issue for consideration

Whether Letters of Administration with Will annexed should be granted to the petitioner, one of the beneficiaries under the Will of the deceased testatrix, following the executor's relinquishment of executorship, upon proof of execution of the Will and compliance with citation, consent and bond formalities.

Court's answer

The executor Parthiv Rajendra Shah having relinquished his executorship by affidavit affirmed on 05.09.2024, and the petitioner being one of the beneficiaries under the Will, the petition is tenable.

Ratio / Principle

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

Key takeaways

On the attesting witness's deposition that he was present when the deceased signed the Testament after going through its contents, and that all additions and alterations in the Will existed at the time of execution and before signing, there is sufficient compliance of Rule 383 of the Rules.ratio¶¶13
Properties mentioned in Schedule-I of the petition are referred to in the Will, confirming the estate covered by the application.ratio¶¶14
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 was treated as uncontested.ratio

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Jurisdiction), Petition 91.TP/5315/2024, decided 25th March 2025 by Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department. Petition by GAUTAM VIJAY SHAH, one of the beneficiaries under the last Will and Testament executed at Mumbai on 30.10.2015 by deceased testatrix Nirupama Vijay Shah alias Nirupama V. Shah alias Nirupama Shah (said to have died at Mumbai on 29-05-2024, printed '29-052024'), for Letters of Administration with Will annexed, filed under Will/2143/2024. Held tenable because the sole executor, Parthiv Rajendra Shah, relinquished executorship by affidavit affirmed 05.09.2024 and the petitioner is a beneficiary. Execution of the Will proved through the affidavit of attesting witness Falguni Vamesh Chovatia in Form No.102, Bombay High Court (Original Side) Rules, 1980, who deposed to the deceased signing after going through its contents and that all additions and alterations pre-dated signing; sufficient compliance of Rule 383 found. Properties in Schedule-I of the petition referred to in the Will. Citation published and 14 days expired (Rule 397(1) and (4)); notice to Collector issued (Rule 396); legal heirs waived citation service; other legatees (including Bharati Shah, Hema G. Shah, Junagargh leprosy Hospital and others) consented; no objector appeared and no pending litigation regarding the same properties was notified, so the petition was uncontested. Petition granted: Letters of Administration with Will annexed to issue throughout the State of Maharashtra renouncing the executor's right, subject to a properly executed administration Bond and verification of no cross petition or caveat.

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 25th March 2025

FOR COMPLIANCE:

TP/5315/2024 P. C. : Shri. Jayant Wani a/w Shri. Dinesh Wani i/b (AMH20240129954C Lakdawala & Co. Ld. Advocate for the Petitioner 202400044)

with 1) This petition is filed by petitioner, being Will/2143/2024 one of the beneficiaries under the Will executed by Nirupama Vijay Shah alias Nirupama V. Shah alias Nirupama Shah (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 29-052024 Petitioner, namely GAUTAM VIJAY SHAH, 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 Parthiv Rajendra Shah have relinquished executorship by filing an affidavit affirmed on 05.09.2024. The petitioner is the one of the beneficiaries under the Will. Hence, petition is tenable.

4) Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Mumbai on 30.10.2015, 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 Testatrix and testator was survived by legal heirs, as per the

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provisions of Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased. 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 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 FALGUNI VAMESH CHOVATIA, 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) Other legatees, namely Bharati Shah, Hema G. Shah, Sajay(Bachalor), Naishad, Shailesh, Sumit, Parthiv, Parul, Shilpa, Minal,

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Sujata, Purvi, Rinesh(Shital) Pusti, Urmilaben, Deviyaniben, Junagargh leprosy Hospital, Dilip and Sanjay, Shital Bharin Shah, have given consents to grant Letters of Administration to petitioner.

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, renouncing the right of the Executor namely Parthiv Rajendra Shah, 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.

25th March 2025 Officer on Special Duty, with Testamentary Department