Nandkumar Harshan Kollara v. Suma Harshan Kollara (Deceased)

BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 27th June, 2024 CALLED FOR COMPLIANCE :

TP/1119/2024 ) Ms. Jyoti Badgujar i/b. S. U. Lakdwala, 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 Suma Harshan Kollara (herein after the same is referred to as Testatrix"), for grant of Letters of Administration with Will annexed. Testatrix said to have died on 2nd May, 2019 at Hackney, London. 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-A-1), Will, petitioner's oath, affidavits of legal heirs of the testatrix.

2. The petitioner has explained the delay in para 8 of the petition 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 being 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 20th January, 2018 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. 8 of the petition, as per the provisions of the Hindu Succession Act, 1956. Testatrix died leaving behind her husband namely Harshan Kollara Sankarakutty and two sons namely Nandkumar H. Kollara - Petitioner herein and Jaihari H. Kollara. Consent Affidavit of Harshan Kollara Sankarakutty dated 15.11.2023 and .......2

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-- 2 -- Jaihari H. Kollara 15.09.2023 are on record. They have 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 testatrix. They have waived the service of Citation. The petitioner affirmed that there are no other legal heirs of the testatrix other than mentioned in para 8 of the petition.

TP/1119/2024

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 05.06.2024. Notice to collector has been sent.

7. The petitioner has filed the Affidavit of Harshan Kollara Shankarkutty dated 15.11.2023, one of the Attesting Witnesses 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. Hence, there is sufficient compliance of the Rule 383 of the Bombay High Court (Original Side) Rules. Will is duly registered before Sub-Registrar, Mumbai under registration No. 870/2018. He 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.

8. Properties mentioned in the schedule of the petition are referred in the Will as well as in residuals clause of the Will. The Ld. Advocate for the petitioner submitted that properties available to the testator at his time are mentioned in the schedule of the petition. .......3

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-- 3 -- TP/1119/2024

9. Petitioner has executed the administration Bond dated 14.06.2024, 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 27.06.2024 FIRST ASSISTANT MASTER