Nitin Damodar Kadam v. Damodar Nathu Kadam (Deceased)

BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 25th July, 2024 CALLED FOR COMPLIANCE :

45 TP/1064/2024 ) Mr. Anil Bagwe, Advocate for petitioner P.C.:

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner, being Beneficiary named under the Will executed by Damodar Nathu Kadam herein after the same is referred to as "Testator"), for grant of Letters of Administration with Will annexed. Testator said to have died on 20th September, 2014 at Pune. 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-B), Will, petitioner's oath, affidavits of legal heirs of the testator.

2. The petitioner has explained the delay in paragraph No. 13 as per Rule 382 of the Bombay High Court (Original Side) Rule, 1980 (for short "Rules").

3. The testator have appointed executors namely Sunil Raman Shingote and Rohidas Govind Yewale to execute the Will. They have filed their Joint Affidavit dated 17th July, 2023 and renounced their rights of executorship for filing probate. The petitioner is being beneficiary 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 6th June, 2012, 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 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. Testator died leaving behind his wife namely Suman Damodar Kadam. Testator died leaving behind .....2

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- 2 - TP/1064/2024 his only son namely Nitin Damodar Kadam - petitioner herein and two married daughters namely Neelam Mandar Karmarkar and Sharmila Dhanjay Salunkhe. Wife of the testator died on 25th September, 2021. Her death certificate is annexed to the petition as Exhibit - 'G'. Joint Consent Affidavits of Neelam Mandar Karmarkar and Sharmila Dhanjay Salunkhe dated 28th June, 2023 is on record. They have given their consents in 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 petitioner affirmed that there are no other legal heirs of the testator other than mentioned in para 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 21st May, 2024. Notice to collector has been sent.

7. The petitioner has filed Joint Affidavit of Yashwant Laxman Atkari and Raman Baban Shingote, both are being Attesting Witnesses to the Will, in the Form No.102 of the Bombay High Court (Original Side) Rules, 1980. Attesting witnesses deposed that they were present and testator signed on the Testament in presence of both of them. According to them, 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. Will is duly notarized before P. K. Waghmare, Advocate and Notary on 6th June, 2012, under notary Serial no. 269/2012. Attesting Witness deposed that testatrix has requested them to read the each and every line. Testator had understood the each and every word in the said document (Will), which is he stated and confirmed same are correct. Attesting Witnesses further deposed that at the time of execution of the Will, testator was of

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sound and disposing mind, memory and .....3 TP/1064/2024 - 3 - 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 and residuary clause of the Will. Ld. Advocate for the petitioner submits that as mentioned in para no. 6, which reads as under : "That the Petitioner has truly set forth in the Schedule - I hereto annexed and marked EXHIBIT - "E" all the properties and credits which the deceased died possessed of or entitled to at the time of his death which have or are likely to come to his hands. It is further stated that so far as the Petitioner has been able to ascertain or is aware there are no properties and credits other than what are specified in the Schedule - I attached to the Petition".

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. Petitioner has executed the Administration Bond dated 3rd May, 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

25.07.2024 FIRST ASSISTANT MASTER