Neeta Suresh Deokar v. Suresh Krishnadeo Deokar (Deceased)

BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 6th September, 2024 CALLED FOR COMPLIANCE :

15 TP/394/2024 ) Ms. Tejaswini Kaudallu i/b. ANM Global, Advocate for petitioner P.C.:

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner, being one of the legatees named under the Will executed by Suresh Krishnadeo Deokar (herein after the same is referred to as "Testator"), for grant of Letters of Administration with Will annexed. Testator said to have died on 17th January, 2022 at Mumbai. Petitioner filed the copy of death certificate (which is annexed to petition as Exhibit-A), identity proof of the testator (which is annexed to petition as Exhibit-A-1), Will, petitioner's oath, Affidavits of legal heirs of the testator.

2. The petitioner has filed the present petition within prescribed limit as per Rule 382 of the Bombay High Court (Original Side) Rule, 1980 (for short "Rules").

3. The testator has not appointed Executor to execute the Will. The petitioner is being one of the legatees named under the Will. Hence, petition is tenable.

4. Petitioner stated that the testator left behind his last Will and Testament which was duly executed at Mumbai on 18th August, 2016 in English language. Ld. Advocate for petitioner submits that 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 Court, Bombay.

5. Petitioner states that parents of testator were predeceased to him and testator was survived by legal heirs shown in the paragraph No. 8 of the petition, as per the provisions of the Hindu Succession Act, 1956. Testator died leaving behind wife namely Neeta Deokar - petitioner herein and two daughters namely Surya Deokar, Tejaa Deokar. Consent Affidavits of Surya Deokar, Tejaa Deokar both dated 21.09.2023 are .....2

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- 2 - on record. They have given their consents in the form of Affidavits, which are filed on the record by the petitioner and consented for the issuance of Letters of Administration with Will annexed in favour of the petitioner without justifying any surety in respect of their shares in the estate of the testator. They have waived the service of citation. The petitioner affirmed that there are no other legal heirs of the testator other than mentioned in para No. 8 of the petition.

6. Affidavit of Service of General Citation is filed, stating that citation has been affixed on the Notice Board of the Hon'ble High Court, Bombay and notice board of the Collector's office on 24.07.2024. Notice to collector has been sent.

7. The petitioner has filed the Affidavit Chandrashekhar S. Kale and Nandulal Dhudidas Baria both dated 20.09.2023, both are being Attesting Witnesses to the Will, in the Form No.102 of the Bombay High Court (Original Side) Rules, 1980. They deposed that they were present and testator signed on the Testament papers in presence of both of them. 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 Bombay High Court (Original Side) Rules, 1980. Will is duly registered before Joint Sub-Registrar, Andheri No. 2 under registration BDR-4/3/7415/2016. They further deposed that at the time of execution of the Will, testator was of sound and disposing mind, memory and understanding. 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 of the petition are referred in the Will as well as in residuals clause of the Will. Ld. Advocate for petitioner submits that as mentioned in para No. 6 of the petition, which reads as under :

"That the Petitioner has truly set forth in Schedule I, hereto annexed and marked Exhibit "C", .....3

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- 3 - all the property and credits which the deceased died possessed of or entitled to at the time of his death which have or are likely to come to Petitioner's hands. So far as the Petitioner is aware or is able to ascertain, there are no other properties of the deceased in India other than those shown in Schedule I to the petition".

The Ld. Advocate for the petitioner submitted that properties available to the testator at the time of his death are mentioned in the Schedule - I of the petition.

9. As per requisition No. 1 raised in the order dated 14.08.2024, which reads as "To comply with the provisions of Rule 383 of the Bombay High Court (Original Side) Rules, 1980".

Ld. Advocate for petitioner has filed Additional Affidavit of Attesting Witness namely Nandulal Dhudidas Baria dated 05.09.2024 and complied with the same.

10. As per requisition No. 2 raised in the order dated 14.08.2024, which reads as "Properties mentioned in the Will and not shown in the Schedule".

Ld. Advocate for petitioner submits that as mentioned in para No. 6 of the petition, properties mentioned in the Will are shown in the Schedule I of the petition. She further submits that petitioner is sole legatee named under the Will, which was having "residuary clause" wherein testator had bequeathed his residuary property to his wife i.e. petitioner herein.

11. As per requisition No. 3 raised in the order dated 14.08.2024, which reads as "To check the capacity of petitioner".

Ld. Advocate for petitioner has carried out the corrections and uploaded the same on the official portal of the Bombay High Court. Hence, complied with the same.

12. As per requisition No. 4 raised in the order dated 14.08.2024, which reads as "To file Administration Bond". .....4

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- 4 - Ld. Advocate for petitioner has filed Administration Bond hence, the same is complied with.

13. As per requisition No. 5 raised in the order dated 14.08.2024, which reads as "Notice to Collector". Ld. Advocate for petitioner submitted the copy of Schedule hence, requisition regarding Notice to collector has been complied with.

14. Petitioner has executed the Administration Bond dated 23.05.2024, in the prescribed format. Hence, following order :

ORDER

1) Petition is granted.

2) Office to issue Letters of Administration with Will annexed as per the provisions of the Indian Succession Act, 1925 to the petitioner and upon satisfaction that the administration Bond is properly executed, as per the Rules.

3) Before issuance of above said 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.

06.09.2024 FIRST ASSISTANT MASTER