Usha Jain and 2 Others Vs Mahendra Kumar Chhaganlal Jain and 7 Others

Nisha Anantkumar Jain W/o.Mr.Anantkumar Chhaganlal Jain, Flat No.111, Trimurti Tower, Trimurti Marg, S.T.S Mission School, Mamlatdarwadi, Malad (West), Mumbai - 400 064.

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Abha Mahendra Kumar Jain W/o.Mahendra Kumar Chhaganlal Jain, No.502, Heera Panna Apartments, Moti Dungri Road, Jaipur - 302004.

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..Petitioner(s)

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Vs

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Mahendra Kumar Chhaganlal Jain and 7 Others S/o.Late Chhaganlalji Jain, No.502, Heera Panna Apartments, Moti Dungri Road, Jaipur – 302004.

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OP No. 342 of 2025

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Anantkumar Chhaganlal Jain S/o.Late Chhaganlalji Jain, Flat No.111, Trimurti Tower, Trimurti Marg, S.T.S Mission School, Mamlatdarwadi, Malad (West), Mumbai - 400 064.

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Nitin Kothari S/o.Mr.Jhaberchand Kothari, N.21, General Muthia Street, Sowcarpet, Chennai - 600 001.

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Jhaberchand Kothari S/o.Rikabchand Kothari, N.21, General Muthia Street, Sowcarpet, Chennai - 600 001.

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Kamala Jain W/o.Jeetmal Bothra, 1857, Pulander Ji Ki Gali, Rasta Ramlal Ji Ka, JOhari Bazaar, Jaipur - 302 003. Rajasthan.

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Manju Mehta W/o.Arun Mehta, Arun Food, S.P.4, Bhabha Marg, Near Sahay Hospital, Tilak Nagar, Jawahar Nagar, Jaipur - 302 004.

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Anila Vijay Kastiya W/o.Vijaykumar Kastiya, 903, Advent Palazzo, CTS, No.6, Ram Baug Lane, Off.S.V.Road, Behind SBI Bank, Chincholi, Malad (West), Mumbai - 400 064.

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OP No. 342 of 2025

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8. Himanshi Jain

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W/o.Sparsh Bordia, E-96, Nirman Nagar E-West, Near V One Pride Hotel, Jaipur, P.O, Shyam Nagar, Jaipur - 302 019, Rajasthan.

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..Respondent(s)

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That Letters of Administration with the Will dated 14.12.2017 annexed may be granted to them as daughter-in-laws/beneficiaries, and the legatee under the Will of Smt.Pushpa Devi Jain, of the said deceased having effect throughout the Union of India Gross Amount Rs.3,47,00,335/- and Net Amount Rs.3,46,90,335/- Suc.duty of Rs.25,000/- paid on 09.07.2025 by C/F D.No.26103/2025.

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For Petitioner(s): Mr.Ashok Menon Mr.Padmaja Mohan Mr.B.Balachander For Respondent(s): M/s.Nayan Jhabakh

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ORDER

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This Original Petition has been filed for grant of Letters of Administration with the Will dated 14.12.2017 annexed, in respect of the estate of late Smt. Pushpa Devi Jain, under Sections 232 and 276 of the Indian Succession Act, 1925.

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The case of the petitioners is that the deceased, Smt. Pushpa Devi Jain,

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died on 13.09.2019 at Jaipur, where she was ordinarily residing, leaving

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properties within the jurisdiction of this Court as well as in Jaipur; the Will dated 14.12.2017 is her last Will and Testament; that it was executed at Jaipur in the presence of the attesting witnesses; that no executor was

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appointed under the Will; and that the petitioners are the legatees thereunder.

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The petition also discloses the legal heirs and next of kin of the deceased and states that all persons interested have been impleaded as respondents. It is further stated that there is no other person required to be impleaded and that no application has been made before any District Court, delegate or any other High Court for probate or for Letters of Administration in respect of the estate of the deceased.

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Before the learned Master, the 2nd petitioner was examined as P.W.1. In her evidence, she marked the original Will as Ex.P1, the relevant death certificates, identity documents, the sale deed, the affidavit of assets showing the net value of the estate at Rs.3,46,90,335/-, the paper publications in “Makkal Kural” and “Trinity Mirror”, and the certificate under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam. The consent affidavits of respondents 1 to 8 were filed.

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The affidavit of the attesting witness, Navrattan Kothari, shows that on 14.12.2017 he, along with the other attesting witness Arun Mehta, was present when the deceased signed the Will; that both attesting witnesses subscribed their signatures in the presence of the deceased and in the presence of each other; and that at the relevant time the deceased was in a sound and disposing state of mind and executed the Will out of her free will.

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The consent affidavits of the respondents also show that they have perused the original Will and have no objection to the grant of Letters of Administration in favour of the petitioners.

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On consideration of the pleadings and the oral and documentary evidence, this Court is satisfied that the Will dated 14.12.2017 is the last Will and Testament of late Smt. Pushpa Devi Jain and that the petitioners, there being no executor appointed under the Will, are entitled to the grant of Letters of Administration with the said Will annexed.

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The petitioners have also undertaken to duly administer the estate, to make a full and true inventory within six months from the date of grant, and to render a true account within one year thereafter. The net value of the estate is shown as Rs.3,46,90,335/-.

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In the result, this Original Petition is allowed, and there shall be a grant of Letters of Administration with the Will dated 14.12.2017 annexed in favour of the petitioners in respect of the estate of late Smt. Pushpa Devi Jain. The petitioners are directed to execute a security bond for a sum of Rs.25,000/(Rupees Twenty five Thousand only) each in the name of the Assistant Registrar (Original Side) of this Court.

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The petitioners shall file a full and true inventory of the estate within six months from the date of receipt of the Letters of Administration and shall render a true and proper account within one year thereafter.

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17-03-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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mfa

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Petitioner’s side witness:

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P.W.1- Mrs.Nisha Anantkumar Jain

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Documents exhibited by the petitioners:

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Exhibits	Documents
Ex.P1	Original Will dated dated 14.12.2017 executed by Mrs.Pushpa Devi Jain.
Ex.P2	Computer generated death certificate of Mrs.Shanti Prakash
Ex.P3	Computer generated death certificate of Mr.Chhaganlal Balachand Jain along with English Translation
Ex.P4	Computer generated death certificate of Mrs.Pushpa Devi Chhagan Lal Jain along with English Translation.
Ex.P5	Photocopy of the Aadhaar Card of Mrs.Usha Jain
Ex.P6	Photocopy of the Aadhaar Card of Mrs.Nisha Anantkumar Jain
Ex.P7	Photocopy of the Aadhaar Card of Mrs.Abha Mahendra Kumar Jain
Ex.P8	Photocopy of the Aadhaar Card of Mr.Mahendra Kumar Chhaganlal Jain.
Ex.P9	Photocopy of the Aadhaar Card of Mr.Anantkumar Chhaganlal Jain.
Ex.P10	Photocopy of the Aadhaar Card of Mr.Nitin Kothari.
Ex.P11	Photocopy of the Aadhaar Card of Mr.Jhaber Chand Kothari.

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Ex.P12	Photocopy of the Aadhaar Card of Mrs.Kamala Jain
Ex.P13	Photocopy of the Aadhaar Card of Mrs.Manju Mehta.
Ex.P14	Photocopy of the Aadhaar Card of Mrs.Anila Vijay Kastiya
Ex.P15	Photocopy of the Aadhaar Card of Mrs.Himanshi Jain.
Ex.P16	Photocopy of the Aadhaar Card of Mr.Navrattan Kothari.
Ex.P17	Photocopy of the Aadhaar Card of Mr.Arun Mehta.
Ex.P18	Photocopy of the Absolute Sale Deed dated 31.03.1978 executed by Mrs.Kasturi Devi.
Ex.P19	Affidavit of assets showing the net value of the estate sum of Rs.3,46,90,335/-
Ex.P20	Copy of the paper publication effected in one issue of Tamil Daily “Makkal Kural” dated 09.11.2025
Ex.P21	Copy of the paper publication effected in one issue of English Daily “Trinity Mirror” dated 13.12.2025.
Ex.P22	Certificate under Section 63(4)(C) of BSA for electronic documents.