Uma Narayana Poojari vs Lalitha Shambu Karkera… — Succession and Inheritance | Bombay HC (2025)

Uma Narayana Poojari vs Lalitha Shambu Karkera… — 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 throughout the State of Maharashtra, upon satisfaction that the administration bond is properly executed as per the Rules, and subject to the Office first verifying that no cross-petition is pending or caveat is filed.

Issue for consideration

Whether the testamentary petition is tenable where no executor has been appointed under the Will and the petitioner claims as sole legatee. +4 more

Court's answer

Since no executor was appointed under the Will and the petitioner is the sole Legatee, the petition is tenable.

Ratio / Principle

There is enough evidence on record to accept the execution of the Will, the attesting witness having deposed to the deceased signing the Testament in his and another witness's presence after going through its contents.

Key takeaways

All additions and alterations in the Will existed at the time of execution and before signature; accordingly, the court found sufficient compliance with Rule 383 of the Rules.ratio¶16
The petitioner has explained the delay in filing vide Rule 382 of the Bombay High Court (Original Side) Rules, 1980.ratio¶7
Citation and notices under Rules 397(1) and (4) and 396 of the BHC Rules having been effected and 14 days expired with no appearance resisting the claim and no pending litigation reported, the petition was treated as uncontested.

Detailed headnote1 paragraphs

Bombay High Court, Original Side (Testamentary Department), order dated 28th March 2025 in Testamentary Petition 95.TP/60/2025: Letters of Administration with Will annexed granted to Uma Narayana Poojari, sole beneficiary/legatee under the last Will and Testament executed at Mumbai on 12.02.2015 in English, of Lalitha Shambu Karkera alias Lalitha S Karkera alias Lalitha Karkera alias Lalita S Karkera (“Testatrix”), who died at Mumbai on 27-03-2018 (printed '2703-2018'). No executor was appointed, so the petition was held tenable; the delay was explained under Rule 382 of the Bombay High Court (Original Side) Rules, 1980; citation was affixed and the Collector noticed under Rules 397(1) and (4) and 396 of the BHC Rules, 14 days expiring without objection, making the petition uncontested. Execution of the Will was proved through the affidavit in Form No. 102 of attesting witness Mahila Kunjunny Kuriakkotte, existing additions/alterations being noted as present at execution and Rule 383 compliance found sufficient. Schedule-I properties were confirmed as referred to in the Will, and the administration bond was executed in prescribed form. The grant was ordered throughout the State of Maharashtra, conditional upon office verification that the bond is properly executed and that no cross-petition or caveat is pending. Bench: Shri P. A. Jagdale, Officer on Special Duty with Testamentary Department.

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

FOR COMPLIANCE:

TP/60/2025 P. C. : Ms. Jyoti Badgujar i/b Lakdawala & Co. Ld. (AMH20240129954C Advocate for the Petitioner 202400108) with WILL/11/2025 1) This petition is filed by petitioner,

1) This petition is filed by petitioner, being sole beneficiary under the Will executed by Lalitha Shambu Karkera alias Lalitha S Karkera alias Lalitha Karkera alias Lalita S Karkera, (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 2703-2018 Petitioner, namely Uma Narayana Poojari, 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 sole Legatee under the Will. Hence, petition is tenable.

5) Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Mumbai on 12.02.2015, in English language. The original Will is

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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 Testatrix and testator was survived by legal heir, as per the provisions of Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased.

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 MAHILA KUNJUNNY KURIAKKOTTE, 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

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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.

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 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.

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