Madhavi Madhukar Bhogan v. Vijaya Mahadev Bambarkar Alias Vijaya Mahadev Bambarkar Alias Vijaya Mahadeo Bambarkar (Deceased)

BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 27th September, 2024 CALLED FOR COMPLIANCE :

26 TP/608/2024 Mr. Sharad Korgaonkar, Advocate for petitioner P.C.:

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner, being sole legal representative of sole legatee named under the Will executed by Vijaya Mahadev Bambarkar (herein after the same is referred to as "Testatrix"), for grant of Letters of Administration with Will annexed. Testatrix said to have died on 17.04.2021 at Mumbai. 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 along with its official translation, petitioner's oath.

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 sole legal representative of sole legatee named under the Will. Ld. Advocate for petitioner submits that as per Will, testatrix had bequeathed her properties to her brother namely Jagannath Krishna Dhamankar and said Jagannath Dhakankar died on 30.04.2021. Hence, petition is tenable.

4. Petitioner stated that the testatrix left behind her last Will and Testament which was duly executed at Mumbai on 25.05.2018, in Marathi language. Its official translation is filed on the record. Ld. Advocate for petitioner submits that the original Will No. 280 of 2024 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 husband of testatrix was predeceased to her and testatrix was survived by legal heirs shown in the paragraph No. 8 of the petition, ....2

CONTD....

- 2 - TP/608/2024 as per the provisions of the Hindu Succession Act, 1956. Husband of testatrix namely Mahadevo V. Bambarkar died on 25.02.1984 and his death certificate is annexed as Exhibit - "D". Testatrix died as issue-less. Husband of testatrix had no brother and sister. Ld. Advocate for petitioner has carried out amendment on 25.09.2024 and petitioner stated on oath that husband of testatrix has left no legal heirs as per section 8 of the Hindu Succession Act, 1956 Class II Entry IV to IX. Father and mother of testatrix predeceased to her. Testatrix had only one brother namely Jagannath Krishna Dhamankar. He died on 30.04.2021. Wife of said brother of testatrix namely Jayashri J. Dhamankar also expired on 24.04.2021 due to COVID. Copies of said death certificates of Jagannath K.

Dhamankar (sole legatee) and his wife Jayashri Dhamankar are annexed to the petition as Exhibits "E" and "F" respectively. They died leaving behind only one daughter namely Madhavi Madhukar Bhogan - petitioner herein. The petitioner affirmed that there are no other legal heirs of the testatrix 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 05.06.2024. Notice to collector has been sent.

7. The petitioner has filed the Affidavit of Swapnali Avinash Acharekar dated 28.01.2023, one of Attesting Witness to the Will, in the Form No.102 of the Bombay High Court (Original Side) Rules, 1980. Attesting Witness deposed that she was present and testatrix signed on the Testament papers in presence of her and another witness. According to her, 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 deposed that Will was written in ......3

CONTD....

- 3 - TP/608/2024 Marathi language and testatrix has signed in Marathi language. She had explained and interpreted the contents of the Will to the testatrix in Marathi language before execution of the Will. Will was duly registered before Joint Sub-Registrar, Mumbai I under registration No. BBE-1/III/2532/2018. Attesting Witness 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. 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 No.I hereto annexed and marked as Ex. 'C' all the property and credit which the deceased died possessed of or entitles to at the time of her death, which have ore are likely to come to the petitioner's hands".

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

9. Petitioner has executed the Administration Bond dated 02.07.2024, 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.

27.09.2024 FIRST ASSISTANT MASTER