Hemant Narayan Chitrekar v. Sarubai Chagan Jadhav (Deceased)

BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 10th June, 2024 CALLED FOR COMPLIANCE :

19 TP/397/2024 ) Mr. Mahesh Damodar Pol, Advocate for petitioner P.C.:

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner, being beneficiary named under the Will executed by Sarubai Chagan Jadhav (herein after the same is referred to as "Testatrix"), for grant of Letters of Administration with Will annexed. Testatrix said to have died on 27th July, 2022 at post Borodi, Beed, Maharashtra. 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-A1), 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 is being beneficiary 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 Mumbai on 28th February, 2021 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.

5. Petitioner states that parents and husband of testatrix were 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 has only son namely Suryakant Chagan Jadhav. She has no other son and daughter. Said Suryakant Chagan Jadhav died on 21st September, 2022, leaving behind only son namely Vijay Suryakant Jadhav-petitoner herein. Said Suryakant Chagan Jahdav also had no other son and no daughter. The petitioner affirmed that there are no other legal heirs of the testatrix other than mentioned ....2

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-- 2 -- TP/397/2024 in paragraph 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 20th March, 2024. Notice to collector has been sent.

7. The petitioner has filed the affidavits of Rahul Rajender Goli and Mukesh Kashinath Yadav both dated 12th June, 2023 and also Additional Affidavit of Mukesh Kashinath Yadav dated 2nd May, 2024, both are being Attesting Witnesses to the Will, in the Form No.102 of the Bombay High Court (Original Side) Rules, 1980. Attesting witnesses deposed that they were present and testatrix put her thumb impression 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. Attesting witness namely Mukesh K.

Yadav, further deposed that prior to the execution of the Will, the contents of which are in English language were read over and explained to testatrix in Marathi language. He further deposed that after the explaining the will, testatrix understood the same and she has put her thumb impression at the foot of each page, also the last page of the testamentary papers. Hence, there is sufficient compliance of Rule 419 of the Bombay High Court (Original Side) Rules, 1980. Attesting witnesses 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. The Ld. Advocate for the petitioner submitted that as mentioned in paragraph No. 6 of the petition, which reads as udner :

"That the Petitioner has truly set forth in Schedule No. I hereto annexed and marked Exhibit - "C", all

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the property and credits which the deceased ....3 -- 3 -- TP/397/2024 ) died possessed of or entitled to at the time of her death, which have or are likely to come to his hands. So far as the petitioner has been able to ascertain or is aware, there are no property and credits other than what are specified in the Schedule attached to the petition".

Hence, only property available to the testatrix at the time of her death is mentioned in the Schedule - I of the petition.

9. Petitioner has executed the Administration Bond dated 5th April, 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.

10.06.2024 FIRST ASSISTANT MASTER