Jatin Bahadurbhai Nagori v. Anandji Ladha Alias Anandji Ludha Alias Anandji Ladha Shah(Deceased)

BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 8th July, 2024 CALLED FOR COMPLIANCE :

39 TP/2331/2024 ) Ms. Bina S. Shivhare, Advocate for petitioner P.C.:

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition for letters of Administration (De-Bonisnon) is filed by petitioners, being legal heirs of the beneficiaries named under the Will executed by Anandji Ladha (herein after the same is referred to as "Testator").

2. The testator has appointed Mithabai Anandji Ladha and Lalji Anandji as Executrix/Executor named under his Will. The said Executrix/Executor had filed the Probate Petition No. 803 of 1960 and probate was granted on 11th July, 1962. The said Executor namely Mithibai Ladha died on 12th April, 1979 and Lalji Anandji Ladha died on 2nd March, 1979, without administering the properties of testator as mentioned in the Schedule I of the petition.

3. Testatrix said to have died on 01.07.1959 at Jamnagar Gujarat. Petitioners have filed the copy of death certificate, Photo copy of the Will, petitioner's oath, affidavits. Ld. Advocate for the petitioner has filed Affidavit of Petitioner No.3 dated 11th July, 2023, alongwith property card which was standing in the name of testator to dispense with a requisition regarding to produce identification proof of testator.

4. Petitioner stated that the testator left behind his last Will and Testament which was duly executed at 17.04.1954 at Jamnagar, Gujrat, in Gujarathi language. Ld. Advocate for petitioner submits that original Will is handed over separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay, in Testamentary Petition No. 803.1960.

5. Petitioner states that mother of testator was predeceased to him and testator was survived by legal heirs shown in the paragraph No. 10 of the petition, ...2

- 2 - as per the provisions of the Hindu Succession Act, 1956. Wife of the testator namely Mithibai Ladha died on 12th April, 1979.

Testator died leaving behind two sons namely Narandas Anandji Nagori and Lalji Anandji Shah and only daughter namely Taragauri Sarda.

Testator's son namely Lalji Nagori died leaving behind Bahadur Nagori only son. Said Bahadur Nagori also died leaving behind two sons Pradeep Nagori, Jaitin Nagori - petitioner No.1 herein and Two daughters namely Meena Badamia, Shilpa Mehta - Petitioner No.2 herein. Abovesaid Pradeep Nagori also died leaving behind his wife namely Rekha Nagori and daughter Priyanka Nayak.

Testator's other son namely Narandas A. Nagori died leaving behind three sons and two daughters. Three sons are namely Praduman Mandalia, Mukundrai Mandalia and Jayantilal Shah and two daughters are namely Veena Gautam, Bansiben Kishor Nagori. Abovesaid Mukundrai N. Mandalia died leaving behind his wife namely Bansibalaben Mandalia and he had no issues. Abovesaid Jayantilal Shah died leaving behind his one son namely Bipin Jayantilal Mandalia - petitioner No.3 and five daughters namely Bhavana Nagori, Chetna Sarda, Amita Sheth, Ila Sarda and Bharati K. Sarda. Abovesaid Bharati K. Sarda died leaving behind her husband namely Kanaiyalal Sarda and Falguni Maniyar. Testator's only daughter namely Taragauri Sarda died leaving behind only son namely Subhash Sarda. Said Subhash Sarda died leaving behind his wife namely Radha Sarda and two sons namely Ram Sarda, Hariom Sarda.

Consent Affidavits of Testator's son namely Meena Badamia dated 26th April, 2023, Joint Affidavit of Rekha Nagori and Priyanka Nayak dated 5th September, 2023, Praduman Mandalia dated 26th April, 2023, Joint Affidavit of Veena Gautam and Bansiben Kishor Nagori dated 12th May, 2023, Kishor Nagori and Jayantilal Shah, Bansibalaben Mandalia .......3

- 3 - dated 12th May, 2023, Bhavana Nagori dated 10th July, 2023, Chetna Sarda dated 24th April, 2023, Amita Sheth dated 16th May, 2023, Ila Sarda dated 16th May, 2023, Kanaiyalal Sarda dated 19th May, 2023 and Falguni Maniyar dated 19th May, 2023, Joint Affidavit of Radha Sarda, Ram Sarda, Hariom Sarda dated 29th June, 2023 are on record. They given their consents in the form of Affidavits, which are 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 in respect of their shares in the estate of the testator. They have waived the service of Citation. The petitioners affirmed that there are no other legal heirs of the testator other than mentioned in para 10 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 27th May, 2024. Notice to collector has been sent.

7.

The Will is already proved in the earlier Testamentary Petition having no. 803 of 1960

8. Properties mentioned in the Schedule-I of the petition are mentioned in Probate which are yet to be administered.

9. Ld. Advocate for the petitioner submits that as mentioned in the paragraph No.5 of the Will UNadministered property which is mentioned at item No. 1 of the Schedule-I of the petition. As per will this property was bequeathed to grandson namely Bahadur Nagori and petitioners herein are legal heirs of said Bahadur. In the Will, testator had put a condition on bequeathed that rent income as directed in Will should be paid to Taragauri, which has been complied till her death. Moreover, her all legal heirs have given their consent Affidavits in favour of the petitioners. ...4

- 4 -

10. The property mentioned at Sr no.2 of the Schedule-I of the petition is from residuary property which was remains to be administered. Ld. Advocate for the petitioner has submitted that she has paid Additional Court fees. Hence, maximum court fee Rs. 75,000/- has been paid.

11. Petitioner has executed the Administration Bond dated 3rd July, 2024, in the prescribed format. Hence, following order:

ORDER

1) Petition is granted.

2) Office to issue Letters of Administration (DeBonis-Non) with copy of the 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.

08.07.2024 FIRST ASSISTANT MASTER