Dr. Smruti Janak Mulani v. Mrs. Gunvanti Shashikant Shah (Deceased)

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

34 TP/2014/2024 ) Mr. Ashutosh Hasija i/b. AAK Legal, 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 Gunvanti Shashikant Shah (herein after the same is referred to as "Testatrix"), for grant of Letters of Administration with Will annexed. Testatrix said to have died on 27.11.2022 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- B), 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 testatrix has not appointed executor to execute the Will. The petitioner is the 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 at Mumbai on 07.02.2007, in English language. 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.

5. Petitioner states that parents of testatrix were predeceased to her and testatrix was survived by legal heirs shown in the paragraph No. 6 of the petition, as per the provisions of the Hindu Succession Act, 1956. Husband of the testatrix namely Shashikant Shah predeceased to testatrix. Testatrix died leaving behind only married daughter namely Dr. Smruti Janak Mulani. Ld. Advocate for petitioner as mentioned in para 6 of the petition that testatrix has one daughter (i.e. no other

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son or daughter). .......2 -- 2 -- TP/2014/2024 ) The petitioner affirmed that there are no other legal heirs of the testatrix.

6. Ld. Advocate for petitioner undertakes to re-upload petition duly mentioning "Hindu Succession Act, 1956" in para 6 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 14.05.2024. Notice to collector has been sent.

8. The petitioner has filed the Affidavit of Janak Mulani dated 03.03.2023, 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 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. Attesting Witness deposed that on 7th February, 2007, he was present together with Rasiklal Pranjivan at the residence of testatrix. Hence, there is sufficient compliance of the Rule 383 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. Ld. Advocate for petitioner submits that as mentioned in para 9 of the petition which reads as under :

"That the Petitioner has truly set forth in Schedule-I, hereto annexed and marked as Exhibit"F" all the property and credits which the Deceased died possessed of or entitled to at the

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time of her death, which have or are ......3 -- 3 -- TP/2014/2024 ) likely to come to the hands of the Petitioner. So far the Petitioner is able to ascertain or is aware there are no property and credits other than what are specified in Schedule-I hereto".

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

10. Ld. Advocate for petitioner submits that as per Will, para 3 which reads as follows :

"In case my hushand predecease me I bequeathed all my assets to my only daughter namely Dr. (Mrs.) SMRITI Janak Mulani absolutely with full power of disposal".

Hence, petitioner herein is the sole legatee named under the Will.

11. Petitioner has executed the Administration Bond dated 27.06.2024, 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 28.06.2024 FIRST ASSISTANT MASTER