Vikrum Shah Aka Vikrum Vasant Shah v. Vasant Shantilal Shah
BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 26th September, 2024 CALLED FOR COMPLIANCE :
24 TP/1896/2024 ) Ms. Nehal Lathi i/b. Divya Sanghvi, 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 Vasant Shantilal Shah (herein after the same is referred to as "Testator"), for grant of Letters of Administration with Will annexed. Testator said to have died on 27.08.2023 at Mumbai. Petitioner filed the copy of death certificate (which is annexed to petition as Exhibit-A), identity proof of the testator (which is annexed to petition as Exhibit- A), Will, 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 testator 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 testator left behind his last Will and Testament which was duly executed at Mumbai on 18.11.2010, in English language. Ld. Advocate for petitioner submits that the original Will No. 710 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 parents of testator were predeceased to him and testator was survived by legal heirs shown in the paragraph No. 8 of the petition, as per the provisions of the Hindu Succession Act, 1956. Wife of testator namely Induben Vasantlal Shah died on 13.07.2010. Testator died leaving behind only son namely Vikrum Shah - petitioner herein. Testator has no other son and daughter.
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- 2 - TP/1896/2024 The petitioner affirmed that there are no other legal heirs of the testator 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 17.05.2024. Notice to collector has been sent.
7. The petitioner has filed the Affidavit of Vinay Gajanan Kamat dated 07.09.2023, 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 he was present and testator 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 deposed that he was present on 18.11.2010 alongwith Mahendra A.
Kamdar (another witness) at the residence of testator and they saw that the testator had wrote the entire Will in his own handwriting and subscribed his signature in English language on the first page and also at the foot of the Will. Attesting Witness further deposed that at the time of execution of the Will, testator 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 :
"The Petitioner has truly set forth in Schedule No.I, hereto annexed and marked Exhibit "C" all the properties and credits which deceased died possessed of or entitled to at the time of his death, which have or likely to come to his hands". .....3
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- 3 - TP/1896/2024 The Ld. Advocate for the petitioner submitted that properties available to the testator at the time of his death are mentioned in the Schedule - I of the petition.
9. Ld. Advocate for petitioner submits that as per Will para No. 2, testator had devised and bequeathed all his movable and immovable assets and as residential apartment No. 22, Sujata, Fixed Deposits, various bank account balances, investments and shares in various companies etc. to his son Vikrum Vasant Shah - petitioner herein.
10. Petitioner has executed the Administration Bond dated 13.08.2024 and 04.09.2024, in the prescribed format. Ld. Advocate for Petitioner submits that Administration Bond has been notarized at Mumbai by Keshav Kumar on 04.09.2024 and the same endorsement had been made on page No. 4 of the said Administration Bond. 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 26.09.2024 FIRST ASSISTANT MASTER