Ganesh Indrajit Rana v. Saraswati Ramprasad Yadav Alias Saraswati Yadav (Deceased)
1 109.TP/530/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 09th October, 2025 FOR COMPLIANCE:
109. TP/530/2025 (AMH20230047215C 202400001) with WILL/214/2025 P. C. : Ms. Supriya Harugade Ld. Advocate for the petitioner 1) This petition is filed by the petitioner, being the sole beneficiary under the Will executed by Saraswati Ramprasad Yadav alias Saraswati Yadav (herein after the same is referred to as "Testatrix"), for the grant of a Letters of Administration with Will annexed. Said Testatrix said to have died at Mumbai on 25/03/2023. Petitioner, namely Ganesh Indrajit Rana, filed the copy of death certificate, an identity proof of the testator, Will & petitioner's oath.
2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents.
3) No executor has been appointed under the Will. The petitioner is the sole Legatee under the Will. Hence, the petition is tenable.
4) Petitioner stated that the deceased left behind her last Will and Testament, which was duly executed at Mumbai on 23.03.2023, in English language. The 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) Ld. The advocate for the petitioner submits that he is not aware about the legal heirs of the deceased - Testatrix, as per the provisions of Hindu Succession Act, 1956. Petitioner was called upon to make a statement about the native place of the deceased. The petitioner has filed his additional affidavit uploaded on 08.10.2025 and thereby stated that he is not aware about the native place of the deceased.
2 109.TP/530/2025 6) As the petitioner states that he is not aware about the whereabouts of legal heirs of the testatrix. Hence, petitioner has taken out a Chamber Order, having No. 307/2025 to serve the Citation to non-consenting legal heirs of the deceased by publishing citation in the daily newspaper namely, "Free Press Journal" and "Navbharat(Hindi)" on 01.08.2025. Accordingly, affidavit of service has been filed by the Ld. Advocate for the petitioner regarding service vide Rule 400 of the Rules. However, non-consenting legal heirs, if any, did not resist the petition. 7) Citation was issued, which has been duly affixed on the conspicuous part of the Hon'ble High Court and notice board of the Collector's Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.)
Rules, 1980(for short "BHC Rules") and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.
8) The petitioner has filed the affidavit of Satyavan Santram Ridalan, one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased signed the Testament in his presence. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will. According to him contents of the Will were read over to the testatrix before signing the Will. Hence, there is sufficient compliance of the Rule 419 of the Rules.
9) Properties mentioned in the schedule-I of the petition are referred in the Will.
10) Petitioner has executed the administration Bond in the prescribed format. Hence, following order:
3 109.TP/530/2025
ORDER
1) Petition is granted.
2) Office to issue Letters of Administration with Will annexed to the petitioner, as per the Rules, having effect throughout the State of Maharashtra.
3) Before issuance of 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.
09th October, 2025 Officer on Special Duty, with Testamentary Department