Sushil Champaklal Marfatia v. Padma Champaklal Marfatia (Decased)

7-JOT145-2024.DOC SANTOSH SUBHASH KULKARNI Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SANTOSH SUBHASH KULKARNI Date: 2024.09.25 14:33:22 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION JUDGE'S ORDER NO. 145 OF 2024 IN TESTAMENTARY PETITION NO. 612 OF 2022 Sushil Champaklal Marfatia

...Petitioner

Padma Champaklal Marfatia ...Deceased Mr. Madhav Shah, for the Petitioner.

CORAM:

N. J. JAMADAR, J.

DATED:

20th SEPTEMBER, 2024 PC:- 1.

Heard the learned Counsel for the petitioner. 2.

The Judge's Order is taken out to dispense with the office requisition to justify surety for unpaid legacy to two nonconsenting legatees. In the affidavit in support of the Judge's Order it is affirmed that the petitioner is willing to deposit the amount of Rs.5,000/-, each, towards the unpaid legacies of the two non-consenting legatees.

3.

I have perused the Will. The deceased has bequeathed a sum of Rs.5,000/-, each, to his five daughters and Rs.1,000/-, each, to three charities mentioned therein. Two of the daughters have not given consent. The petitioner is willing to 1/2

7-JOT145-2024.DOC deposit the amount of Rs.5,000/- for each of the two nonconsenting legatees. 4.

The office requisition to justify the surety of nonconsenting legatees is dispensed with subject to the petitioner depositing Rs.5,000/-, each, towards the unpaid legacy of Ms. Pallavi Kapadia and Sheela Kapadia, the non-consenting legatees, and Rs.3,000/- towards the three charities named in the Will. The said amount be invested in an interest bearing account.

5.

Subject to aforesaid conditions, the Judge's Order is accepted and signed separately.

[N. J. JAMADAR, J.] 2/2