Sushila Balasaheb alias Balu Injanekar vs Rukmini… — Succession and Inheritance | Bombay HC (2025)

Sushila Balasaheb alias Balu Injanekar vs Rukmini… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Petition granted; the Office directed 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, and before issuance to verify 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 the sole legatee. +2 more

Court's answer

No executor having been appointed under the Will and the petitioner being the sole Legatee under the Will, the petition is tenable.

Ratio / Principle

There is enough evidence on record (affidavits of attesting witnesses Sunanda Sura and Nitin Sura) to accept the execution of the Will, and the petitioner succeeded in proving the execution of the Will; according to the witnesses all additions and alterations existed at the time of execution and before signing the Will, showing sufficient compliance of Rule 383 of the Rules.

Key takeaways

The properties mentioned in Schedule-I of the petition are referred to in the Will as well as in the residual clause of the Will.ratio¶16
Since citation was duly published and expired, notice was given to the Collector, and till today nobody appeared to resist the petitioner's claim nor was anything brought to notice regarding pending litigation pertaining to the same properties, the petition is treated as uncontested.ratio¶12

Detailed headnote1 paragraphs

Testamentary Petition 87.TP/93/2025 (High Court, Bombay; Officer on Special Duty with Testamentary Department, Shri P. A. Jagdale; 07.04.2025) — Sushila Balasaheb alias Balu Injanekar, sole beneficiary/sole legatee under the Will of Rukmini Narayan Jadhav (who died at Mumbai on 30.06.2024), sought Letters of Administration with Will annexed. The Will, executed at Mumbai on 14.11.2019 and registered on 20.11.2019 in Marathi, appointed no executor, rendering the sole-legatee petition tenable. Attesting witnesses Sunanda Sura and Nitin Sura deposed through affidavits in Form No. 102 of the Bombay High Court (Original Side) Rules, 1980 that the deceased signed the Testament in their presence after going through its contents and that all additions and alterations existed before signing; the Court held execution proved with sufficient compliance of Rule 383. Pursuant to the Court's earlier order in TP No. 1263/2023, an affidavit affirming the true translation of the Will was filed and the original Will lodged with the Prothonotary and Senior Master. Citation affixed at the High Court and Collector's Office, Mumbai (Rules 397(1) & (4) and Rule 396, BHC O.S. Rules 1980) drew no opposition; the legal heirs (per Hindu Succession Act, 1956) consented and waived citation; Schedule-I properties were found referred to in the Will and its residual clause. With the administration bond executed, the uncontested petition was granted and the Office directed to issue Letters of Administration with Will annexed throughout the State of Maharashtra, after verifying no cross-petition or caveat.

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 07th April, 2025

FOR COMPLIANCE:

TP/93/2025 P. C. : Ms. Pratiksha Babar i/b Sujata Babar Ld. (AMH20230032197C Advocate for the Petitioner 202400069) with WILL/31/2025 1) This petition is filed by petitioner, being

1) This petition is filed by petitioner, being sole beneficiary under the Will executed by RUKMINI NARAYAN JADHAV (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 30-062024 Petitioner, namely SUSHILA BALASAHEB alias BALU INJANEKAR, filed the copy of death certificate, identity proof of the testator, Will along with its English translation, petitioner's oath.

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

3) No executor has been appointed under the Will. The petitioner is the sole Legatee 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 14.11.2019 Registered Will on 20.11.2019, in Marathi language. In view of the Order of the Hon’ble Court passed in the TP No. 1263/2023, the Ld. Advocate for the petitioner has filed an affidavit stating that the translation of the Will is true translation as per the contents of the Original Will. 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

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Court, Bombay.

5) Ld. Advocate for petitioner submits that parents of deceased predeceased Testatrix and she was survived by legal heirs, as per the 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 Sunanda Sura, Nitin Sura attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. They deposed that they were present and deceased signed the Testament in their presence, 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 them all additions and alteration in a Will were existed at the time of execution and before signing the Will. Hence, there is sufficient compliance of the Rule 383 of the Rules.

8) Properties mentioned in the schedule-I of

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the petition are referred in the Will as well as in residuals clause of the Will.

9) 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.

07th April, 2025 Officer on Special Duty, with Testamentary Department