Siddhesh Mohan Mengane v. Savalaram Alias Sawlaram Sakharam Tayshete (Deceased)

BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 3rd July, 2024 CALLED FOR COMPLIANCE :

30 TP/1143/2024 ) Ms. Archana Patil i/b. Sujata Babar, 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 Savalaram Sakharam Tayshete (herein after the same is referred to as "Testator"), for grant of Letters of Administration with Will annexed. Testator said to have died on 29.042021 at Mumbai. Petitioner filed the copy of death certificates (which is annexed to petition as Exhibit- A), identity proof of the testator (which is annexed to petition as Exhibit-A1), Will, petitioner's oath, affidavits of legal heirs of the testator.

2. The petitioner has filed petition within prescribed limit as per Rule 382 of the Bombay High Court (Original Side) Rule, 1980 (for short "Rules").

3. The testator has not appointed executor to execute the Will. The petitioner is being the sole legatee 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 26.09.2017, 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. 9 of the petition, as per the provisions of the Hindu Succession Act, 1956. Testator died leaving behind wife namely Sunanda Savalaram Tayshete, two sons Sanjay S. Tayshete and Govind S. Tayshete. The petitioner affirmed that there are no other legal heirs of the testator ........2

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- 2 - TP/1143/2024 other than mentioned in para 9 of the petition.

6. Ld. Advocate for the petitioner had transmitted the packets containing duplicate citation to Sunanda Savalaram Tayshete, Sanjay Savalaram Tayshete and Govind Savalaram Tayshete. Packet sent to Sunanda Tayshete had been returned back with postal remark 'Refused' and packets sent to Sanjay Tayshete and Govind Tayshete returned back with remarks 'Unclaimed'. Ld. Advocate for petitioner submits that since packets to the non-consenting legal heirs have been dispatched and the same have been returned back with remarks 'refused' and 'unclaimed', which is good service. They have not resist the petition till date. Hence, petition is uncontested.

7. 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 05.03.2024. Notice to collector has been sent.

8. The petitioner has filed the Affidavits of Vinayak Jyotiba Phadake dated 28.11.2023, one of 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 testator 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, 1980. Attesting Witness deposed that both the Attesting Witnesses alongwith Will, they went together at the Clinic of Dr. Pradeep S. Yesaji, Kalachowki, Mumbai-33 and thereof, Dr. Pradeep Yesaji, examined and explained to the testator, contents of the Will in Marathi language. Also, issued 'doctor certificate' dated 26.09.2017. Hence, there is compliance of rule 419 of the Bombay High Court (Original Side) Rules, 1980. Attesting witness further deposed that at the time of execution of the Will, testator was of sound and ......3

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- 3 - TP/1143/2024 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.

9. Properties mentioned in the schedule of the petition are referred in the Will. 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.

10. Petitioner has executed the Administration Bond dated 25.05.2024, 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 01.0.7.2024 FIRST ASSISTANT MASTER