Akshat Asit Pandya v. Niranjana Narendra Pandya (Deceased)

BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 15th April, 2024 CALLED FOR COMPLIANCE :

34 TP/395/2024 Mr. Amit Mishra a/w. Mr. Utkarsh Pawar i/b. M/s. Dhaval Vassanji and Associates, 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 Niranjana Narendra Pandya (herein after the same is referred to as "Testatrix"), for grant of Letters of Administration with Will annexed. Testatrix said to have died on 21st August, 2022 at Maidstone, Kent, United Kingdom. Petitioner filed the copy of death certificate (which is annexed to petition as Exhibit-A), identity proof of the testatrix (which is annexed to petition as Exhibit-A-1), Will, petitioner's oath, affidavits of legal heirs of the testatrix.

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

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

4. Petitioner stated that the testatrix left behind her last Will and Testament which was duly executed at Maidstone, Kent, United Kingdom on 11th June, 2022, in English language. 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. Office to confirm.

5. Petitioner states that the husband of testatrix predeceased to her, who died on 17th April, 2004. Parents of husband of testatrix was predeceased to her and testatrix was survived by legal heirs shown in the paragraph No. 8 of the petition, as per the provisions of the Hindu Succession Act, 1956. Testatrix died leaving behind two sons namely Asit N. Pandya, Ankur Pandya and married daughter namely Alpana Parasuram. Consent affidavits of Asist N. Pandya, Ankur Pandya ...2

CONTD...

- 2 - Alpana Parasuram all dated 30th September, 2023 are on record. They have given consents in 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 testatrix. They have waived the service of Citation. The petitioner affirmed that there are no other legal heirs of the testatrix other than mentioned in para no. 8 of the petition.

TP/395/2024

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 15th March, 2024. Notice to collector has been sent.

7. The petitioner has filed the affidavit of Shubra Kamat, one of Attesting Witness to the Will, in the Form No.102 of the Bombay High Court (Original Side) Rules, 1980. He deposed that he was present and testatrix signed on the Testament papers in presence of his and another witness. According to him, 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. Attesting Witness further deposed that the entire Will was read by the testatrix in presence of both of witnesses and thereafter, she subscribed her signature on the Will. Hence, there is sufficient compliance of the rule 419 of the Bombay High Court (Original Side) Rules, 1980. He further deposed that at the time of execution of the will testatrix 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. The Ld. Advocate for the petitioner submitted that properties available to the testatrix at his time her death are mentioned in the schedule I of the petition. ...3

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9. As per will para no. 4c, which reads as follows : "Once the FD's mature INR 700,000 (Indian Rupees Seven Lac only) to my great grandson Master Advay Arnav Asit Pandya and it he is not a major till then, such amount should be held by his natural guardian for his benefit until he reaches the age of 18. Balance of the maturity amount from such FD's should be given to my grandson Mr. Akshat Asit Pandya".

Ld. Advocate for the petitioner has filed consent Affidavit of father and natural guardian of Advay Arnav Pandya i.e. Arnav Asit Pandya dated 30th September, 2023. He has confirmed that he has received Rs.7,00,000/- (Seven Lakh Rupees) as per Will.

10. Ld. Advocate for the petitioner has filed Affidavit of petitioner dated 13th April, 2024 and stated that provisions of Section 228 of the Indian Succession Act, 1925, cannot be applied to the facts and circumstances of the present case.

11. Petitioner has executed the Administration Bond dated 4th March, 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.

15.04.2024 FIRST ASSISTANT MASTER