Jyoti Vinayak Mete vs Vinayak Tukaram Mete Since… — Succession and Inheritance | Bombay HC (2026)

Jyoti Vinayak Mete vs Vinayak Tukaram Mete Since… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed to be issued to the petitioner for administration of the properties mentioned in the Will, as per the Rules, having effect throughout the State of Maharashtra; subject to the Department verifying Schedule-I against the properties mentioned in the Will at issuance, and the office verifying before issuance 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, there being no executor appointed under the Will and the petitioner being one of the legatees under the Will. +3 more

Court's answer

The petition is tenable because no executor has been appointed under the Will and the petitioner is one of the legatees under the Will.

Ratio / Principle

On the affidavit of Nitin Anandrao Lathkar, one of the attesting witnesses to the Will, filed in Form No.102 of the Bombay High Court (Original Side) Rules, 1980, there is sufficient evidence on record to accept the execution of the Will and the petitioner has succeeded in proving execution of the Will.

Key takeaways

Since no one appeared to resist the claim of the petitioner and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition is treated as uncontested.ratio¶12
The properties mentioned in Schedule-I of the petition are mentioned in the Will, as confirmed by the learned advocate for the petitioner pursuant to the Court's order dated 28.11.2025.ratio¶14

Detailed headnote1 paragraphs

Bombay High Court, Original Side (Testamentary Department) — Order dated 03rd February, 2026 by Shri P. A. Jagdale, Officer on Special Duty, granting Testamentary Petition 105.TP/3384/2024 (read with WILL/1365/2024). Petitioner Jyoti Vinayak Mete, widow of the testator Vinayak Tukaram Mete alias Vinayak T. Mete alias V.T Mete alias Vinayakrao Tukaram Mete, son of Tukaram Bhagwanrao Mete (who died at Mumbai on 14/08/2022), sought Letters of Administration with Will annexed; the Will was stated to have been executed at Nanded on 01.01.2022 in Marathi. As no executor was appointed and the petitioner is a legatee, the petition was held tenable. The legal heirs (widow-petitioner, mother, one son and one daughter) identified per the Hindu Succession Act, 1956 consented and waived citation; the caveat CTS No. (L) 34022 of 2024 filed by the testator's mother Lochanabai Mete was withdrawn, her consent affidavit being taken on record on 06.08.2025 in Interim Application (L) No. 22156 of 2025. Citation was published per Rules 397(1) and (4) and notice given to the Collector per Rule 396 of the Bombay High Court (O.S.) Rules, 1980; no objection or competing litigation emerged, so the petition was treated as uncontested. Execution of the Will was proved through the affidavit of attesting witness Nitin Anandrao Lathkar in Form No.102; co-legatees Akankasha Mete and Ashutosh Mete consented; the administration bond was executed. Letters of Administration with Will annexed were ordered to issue having effect throughout the State of Maharashtra, with Schedule-I to be verified against the Will at issuance and confirmation that no cross-petition or caveat is pending.

2 105.TP/3384/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 03rd February, 2026

FOR COMPLIANCE:

TP/3384/2024 ) Ms. Priyanka Singh i/b Kirit Hakani Ld. [Original] ) Advocate for the Petitioner (ECHCBM02057112024) ) with ) WILL/1365/2024

This petition is filed by petitioner, being one of the beneficiaries under the Will executed by Vinayak Tukaram Mete alias Vinayak T. Mete, alias V.T Mete alias Vinayakrao Tukaram Mete Son of Tukaram Bhagwanrao Mete (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 14/08/2022. Petitioner, namely Jyoti Vinayak Mete, filed the copy of death certificate, identity proof of the testator, Will along with its translation & petitioner's oath.

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

No executor has been appointed under the Will. The petitioner is the one of the legatee under the Will. Hence, petition is tenable.

Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Nanded on 01.01.2022, in Marathi language. Its official translation is filed on the record. 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.

Ld. Advocate for petitioner submits that testator is survived by his Widow (the petitioner), mother, one sone and one daughter, as his legal heirs, whose details are given in the petition’s paragraph No. 10, as per the provisions of the 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 petition and thereby waived the service of Citation. The mother of the deceased, Lochanabai Mete, had filed the Caveate, having CTS No. (L) 34022 of 2024; however, latter-on she withdrew it and filed consent affidavit to the petition. The said affidavit has been taken on the record by an order of the Hon’ble Court on 06.08.2025, in Interim Application (L) NO.22156 OF 2025.

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

2 105.TP/3384/2024

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.

The petitioner has filed the affidavit of Nitin Anandrao Lathkar, 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. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will.

Ld. advocate for the petitioner submits that properties mentioned in the schedule-I of the petition are referred in the Will, as per the Order of the Hon’ble Court, passed on 28.11.2025. Furthermore, this fact is confirmed by Ld. Advocate for the petitioner, at this juncture, that properties mentioned in Schedule-I of the petition are mentioned in the Will.

Other legatees, namely Akankasha Mete and Ashutosh Mete, have given consents to grant Letters of Administration to petitioner.

Petitioner has executed the administration Bond in the prescribed format. Hence, following order:

ORDER

1. Petition is granted.

Office to issue Letters of Administration with Will annexed to the petitioner, for an administration of properties mentioned in the Will , as per the Rules, having effect throughout the State of Maharashtra. Department to verify the Schedule-I with the properties mentioned in the Will, at the time of issuance of the Grant.

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.

03rd February, 2026

Officer on Special Duty, with Testamentary Department