Priya Sharad Nayak vs Sharad Damodar Nayak Decased — Succession and Inheritance | Bombay HC (2026)

Priya Sharad Nayak vs Sharad Damodar Nayak Decased — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed issued to the petitioner, renouncing the right of the Executors (Veena Ketan Kamat and Ketan Kamat), having effect throughout the State of Maharashtra, subject to verification that no cross-petition or caveat is pending.

Issue for consideration

Whether the petition for Letters of Administration with Will Annexed is tenable, given that the named executors have relinquished executorship and the petitioner is the legatee under the Will. +2 more

Court's answer

The petition is tenable: the petitioner is the legatee under the Will and the named executors have relinquished executorship.

Ratio / Principle

Execution of the Will stands proved: enough evidence is on record (attesting witness affidavit) to accept the execution of the Will, and the petitioner has succeeded in proving execution.

Key takeaways

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 is treated as uncontested.ratio¶14
Petition granted; the Office to issue Letters of Administration with Will annexed to the petitioner, renouncing the right of the Executors Veena Ketan Kamat and Ketan Kamat, having effect throughout the State of Maharashtra.ratio¶19
Before issuance of the Letters of Administration with Will, the Office must verify that no cross-petition is pending and no caveat is filed.

Detailed headnote1 paragraphs

Testamentary jurisdiction — Letters of Administration with Will Annexed 瓜 Bombay High Court, Testamentary Department, 69.TP/54/2026 (decided 24th March 2026, before Shri P. A. Jagdale, Officer on Special Duty): Petition of Priya Sharad Nayak, sole legatee, for Letters of Administration with Will Annexed to the Will of Sharad Damodar Nayak (testator, died at Mumbai on 13.05.2025; Will executed at Dombivali, Dist. Thane on 25.04.2024) granted. The named executors, Veena Ketan Kamat and Ketan Kamat, relinquished executorship by affidavits (pages 23–28); execution of the Will was proved through the affidavit of attesting witness Asha Suresh Shanbhag in Form No.102 of the Bombay High Court (Original Side) Rules, 1980, deposing that the testator signed in her presence and was of sound mind. Citation stood affixed on the High Court and Collector's Office notice boards with 14 days expired (Rule 397(1) and (4)); notice was issued to the Collector (Rule 396); legal heirs consented and waived citation; no contestation or pending litigation was brought to notice, so the petition was held tenable and uncontested. Letters of Administration with Will annexed were ordered throughout the State of Maharashtra, subject to the Office verifying that no cross-petition or caveat is pending.

2 69.TP/54/2026

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 24th March 2026

FOR COMPLIANCE:

TP/54/2026 [Original] (AMH20230023673C20250 ) Ms. Geeta N. Chavan, Ld. Advocate for the 0008) ) with ) Petitioner. WILL/27/2026

[Orignal]

P.C.:

1) Petitioner, namely PRIYA SHARAD NAYAK, filed this petition for grant of Letters of Administration with Will Annexed, being the sole legatee under the Will executed by Sharad Damodar Nayak (herein after the same is referred to as “Testator”), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at Mumbai on 13.05.2025.

2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioner, filed the copy of death certificate, an identity proof of the testator, Will and petitioner's oath.

3) The executors, namely (1) Veena Ketan Kamat and (2) Ketan Kamat have relinquished executorship by filing affidavits at page No. 23 to 28 of the petition. The petitioner is the legatee under the Will. Hence, the petition is tenable.

4) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Dombivali, Dist. Thane on 25.04.2024, in English language. The Will is handed over 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 the petitioner submits that the testator is survived by - Priya Nayak(widow), and Aditi Rushikesh Ghatpande alias Aditi Sharad Nayak and Gayatri Sharad Nayak (daughters), as his legal heirs, whose details are given in the petition’s paragraph No. 08, as per the provisions of the Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition. Legal heirs of the testator have consented to the petition and thereby waived the service of Citation.

6) Citation to all Concern was issued and same has been duly affixed on the conspicuous part of the Hon’ble High Court and notice board of the

2 69.TP/54/2026

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 Asha Suresh Shanbhag one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. She deposed that deceased signed the Testament in her presence and the testator was in sound state of mind at the time of execution of the Will. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will.

8) Properties mentioned in the schedule-I of the petition are referred in the Will. 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 Executors namely (1) Veena Ketan Kamat and (2) Ketan Kamat, as per the Rules, having effect 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.

24th March 2026 Officer on Special Duty, with Testamentary Department