Dimple Chitnis v. Sheela Shankarsh Nagpal Alias Sheela Shankarsingh Nagpal Alias Sheela S Nagpal (Deceased)

1 72.TP/2876/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 30th January 2025 FOR COMPLIANCE:

72. TP/2876/2024 P. C. : Ms. Eesha Jaifalkar i/b S. G. Korgaonkar Ld. with WILL/1170/2024 Advocate for the Petitioner 1) This petition is filed by petitioner, being one of the beneficiaries under the Will executed by Sheela Shankarsh Nagpal alias Sheela Shankarsingh Nagpal alias Smt. Sheela S. Nagpal wife of Shankarsingh S. Nagpal (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 24-042022 Petitioner, namely Dimple Chitnis Power of Attorney of Kishore Shankarsingh Nagpal alias K.S. Nagpal, 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) The executor, namely Kishore Shankarsingh Nagpal alias K.S. Nagpal has executed a power of attorney in favour of the petitioner to seek letters of Administration with Will Annexed vide sec. 241 of the Indian Succession Act, 1925 along with Rule 385 of the Bombay High Court (Original Side) Rule, 1980. Hence, the petitioner is the Power of Attorney of Kishore Shankarsingh Nagpal alias K.S. Nagpal under the Will. Hence, petition is tenable.

5) Petitioner stated that the deceased left behind her last Will Testament which was duly executed at Mumbai on 01.12.2016, in English language. The original Will is handed in separately for being filed and kept in a safe place

2 72.TP/2876/2024 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 heirs, as per the provisions of Hindu Succession Act, 1956. Legal heirs of the testatrix have consented to the petition and thereby waived the service of Citation. 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 Pradip Bhikaji Parab, 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 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) Other legatees, namely Kavita, @ Geeta, Anuj alias Chandra, Rekha Bhatija have given consent to grant Letters of Administration to

3 72.TP/2876/2024 petitioner.

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

ORDER

1) Petition is granted.

2) Office to issue Limited Letters of Administration with Will annexed to the petitioner, until Executor namely Kishore Shankarsingh Nagpal alias K.S. Nagpal appear and apply for probate of the Will, upon satisfaction that the administration Bond is properly executed, as per the Rules, throughout 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.

30th January 2025 Officer on Special Duty, with Testamentary Department