Priyanka Kamlesh Ghumre Alias Priyanka Kiranrao Sarnaik v. Maltibai Ramrao Sarnaik
BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 3rd July, 2024 CALLED FOR DIRECTION :
28 TP/662/2024 ) Mr. S. U. Lakdawala a/w. Jyoti Badgujar, Advocate for petitioner P.C.:
1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner, being Sole legatee named under the Will executed by Maltibai Ramrao Sarnaik (herein after the same is referred to as "Testatrix"), for grant of Letters of Administration with Will annexed. Testatrix said to have died on 17th August, 2011 at Washim, Dist. - Akola. Petitioner filed the copy of death certificate (which is annexed to petition as ExhibitA), identity proof of the testatrix (which is annexed to petition as Exhibit-A-1), Will, petitioner's oath, affidavits of legal heir of the testatrix.
2. The petitioner has explained the delay paragraph No.10 of the petition as 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 legatee 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 and registered at Washim, Akola on 6th September 2009, which is in Marathi and English language. Ld. Advocate for petitioner submits that as mentioned in paragraph No. 3 of the pettion 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 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 only son namely Kiranrao Ramrao Sarnaik and she had no daughter. Consent Affidaivt of Kiranrao Ramrao Sarnaik dated 12th July,
2023 is on record. .........2 CONTD....
-- 2 -- TP/662/2024 ) He has given his consent in the form of Affidavit, which is 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. He has waived the service of Citation. The petitioner affirmed that there are no other legal heirs of the testatrix other than mentioned 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 April, 2024. Notice to collector has been sent.
7. Ld. Advocate for the petitioner submits that petitioner has stated in the para Nos. 3 of the petition that Exh. "B" and "C" are Marathi Will and its translation respectively. However, this Will was in dual languages (i.e. Marathi and English). Testatrix have executed this Will on 6th September, 2009 and registered on 06.10.2009 at once. He further submits that in both the Will, testatrix has bequeathed same property to the Petitioner. But it has been observed that translated version of the Will is not exactly word to word translation of Marathi Will. Ld. Advocate for the petitioner has filed Affidavit of Attesting Witness of who was present at the time of execution of English Will, which was executed by testatrix lastly among both Wills. Also, Attesting Witness deposed that testatrix has put her signature at the foot of the testament papers in the Marathi and English character.
8. The petitioner has filed the Affidavit of Parmanand Bhumpal Trivedi dated 12.07.2003, one of Attesting Witness to the English Will, in the Form No.102 of the Bombay High Court (Original Side) Rules, 1980. Attesting Witness 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. Will is duly executed and registered before Joint Sub-Registrar, Washim, .....3 CONTD...
-- 3 -- TP/662/2024 Dist. Akola, under Registration No. 32400 of 2009. 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.
9. Properties mentioned in the schedule of the petition are referred in the Will. Ld. Advocate for petitioner submitted that as mentioned in para 6 of the petition which reads as under :
"That the petitioner have truly set forth in Schedule No. I, hereto annexed and marked as Exhibit - "D", all the property and credits which the deceased died possessed of or entitled to at the time of her death, which have or are likely to come to her 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.
10. Petitioner has executed the Administration Bond dated 24th April, 2024, in the prescribed format. Hence, following order:
ORDER
1) Petition is granted.
2) Office to issue LIMITED Letters of Administration with Will annexed as per the provisions of the Indian Succession Act, 1925 to the extent of English Will only 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.
03.07.2024 FIRST ASSISTANT MASTER