Yogesh Padmakar Tandel v. Prathama Padmakar Tandel

BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 28th August, 2024 CALLED FOR COMPLIANCE :

27 TP/1447/2024 ) Ms. Sharmili Mhatre i/b. Mhatre Law Associates, Advocate for petitioner P.C.:

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner, being sole beneficiary named under the Will executed by Prathama Padmakar Tandel (herein after the same is referred to as "Testatrix"), for grant of Letters of Administration with Will annexed. Testatrix said to have died on 16.11.2015 at Sindhudurg. 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 explained the delay in para No.14 of the petition 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 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 Sindhudurg on 15.10.2013, in Marathi language. Its official translation is filed on the record. 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. Ld. Advocate for petitioner has filed Affidavit of Sachin Mhatre, Advocate for petitioner dated 02.07.2024. He states that he knows both the languages i.e. Marathi and English. He further submits that as per the order passed by the Hon'ble Court Testamentary Petition No. 1263 of 2023, has been complied with. Also, he has submitted that he had already applied for official translation of the .....2

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- 2 - TP/1447/2024 Will before the Chief Translator and he will submit the same as and when translation of the Will received from the Translation Department.

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. Husband of testatrix namely Padmakar Shivram Tandel died on 03.04.2011 and his death certificate has been annexed to the petition as Exhibit - "D". Parents of testatrix and parents of husband of testatrix predeceased to her. Testatrix died leaving behind only adopted son namely Yogesh Padmakar Tandel - petitioner herein. Testatrix has no daughter. The petitioner affirmed that there are no other legal heirs of the testatrix other than mentioned in para No. 8 of the petition.

6. Ld. Advocate for the petitioner submits that the testatrix had adopted the petitioner in the year 2013, vide registered Deed of Adoption dated 02.04.2013 bearing registration No. VGL/215/2013 is on record. Deed of Adoption alongwith translation is annexed to the petition as Exhibit - "E". Ld. Advocate for the petitioner further submits that said Deed of Adoption was duly registered before Joint Sub-Registrar, Class - I, Vengurla - I, on 02.04.2013 under registration No.VGL/ 2015/2013. Ld. Advocate for petitioner to upload the corrected petition by correcting words "adopted son' instead of "son" as per Para No. 13 of the petition.

7. 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 24.05.2024. Notice to collector has been sent.

8. The petitioner has filed the Affidavit and Additional Affidavit of Chandrashekhar Anand Naik dated 05.10.2022 and Additional Affidavit of Anant V. Tari and Chandrashekhar Anand Naik both dated 27.07.2024, both being Attesting Witnesses to the Will, in the Form No.102 of the Bombay High Court (Original Side) Rules, 1980. .....3

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- 3 - TP/1447/2024 They 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 deposed that he had explained and read the Will to the testatrix in Marathi language. Hence, there is sufficient compliance of Rule 419 of the Bombay High Court (Original Side) Rules, 1980. 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 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 as Exhibit - "C", all the property and credits which the said 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 testator at the time of her death are mentioned in the Schedule - I of the petition.

10. As per requisition No. 1 raised in the order dated 18.07.2024, which reads as "To correct the capacity of petitioner in the petition".

Ld. Advocate for petitioner submits that the petitioner herein is adopted son of testatrix as per Adoption Deed dated 02.04.2013 which was registered under registration No.VGL/215/2013. Copy of the registered Deed of Adoption dated 02.04.2013 alongwith copy of translated Will into .......4

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- 4 - the English language is annexed to the petition at Exhibit "E".

TP/1447/2024 ) Ld. Advocate for petitioner further submits that Aadhar card has been annexed alongwith the Petitioner's oath dated 05.10.2022 (page No. 87 of the petition) wherein petitioner's name has been shown as Yogesh Padmakar Tandel hence, there is sufficient proof to prove the petitioner is adopted son of the testatrix.

11. As per requisition No. 2 raised in the order dated 18.07.2024, which reads as "To comply with the provisions of rules 383 and 419 of the Bombay High Court (Original Side) Rules, 1980".

Ld. Advocate for petitioner has filed Additional Affidavit of Anant V. Tari and Chandrashekhar Anand Naik both dated 27.07.2024 and Chandrashekhar Anand Naik dated 27.07.2024 and 22.08.2024.

12. Petitioner has executed the Administration Bond dated 24.06.2024, 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.

28.08.2024 FIRST ASSISTANT MASTER