Swamini Vibhavananda Saraswati v. Pratyag Bodhanand Saravti Swami

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

12 TP/1155/2024 ) Ms. Raksha Tanna, Advocate for petitioner P.C.:

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner, being sole beneficiary named under the Will executed by Pratyag Bodhanand Sarasvati Swami (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 February, 2020 at U.S.A.. 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-A-1), Will, petitioner's oath, affidavits of legal heirs of the testator.

2. The petitioner has explained the delay in para 12 of the petition 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 sole 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 Surat, Gujarath on 17th February, 2020, in English language. Ld. Advocate for petitioner submits that the original copy of 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. Petitioner states that parents of testator were predeceased to him and testator was survived by legal heirs shown in the paragraph No. 5 of the petition, as per the provisions of the Hindu Succession Act, 1956. Testator died as bachelor. Testator died leaving behind two sisters namely Swamini Vibhavananda Saraswati - petitioner herein and Varsha Santosh Kumar Das. Testator had no children adopted or otherwie. Consent Affidavit of Varsha Santosh Kumar Das dated 11.12.2023 is on record. .......2

CONTD.....

-- 2 -- TP/1155/2024 She has given her consent in the form of Affidavit, which is 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 her share in the estate of the testator. She has waived the service of Citation. The petitioner affirmed that there are no other legal heirs of the testator other than mentioned in para 5 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 12.06.2024. Notice to collector has been sent.

7. The petitioner has filed the Affidavits of Dipti Shodhankumar Bumia and Dave Hardik Ramyaketu both dated 14.12.2023, 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 papers 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 registered before Sub-Registrar of S.R.O.-Surat-1 City, Athava undee registration No. SRT/1/ATV2681/2020. They further deposed that at the time of execution of the Will, testator 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. Ld. Advocate for petitioner submitted that as mentioned in para 6 of the petition which reads as under: "That the petitioner has truely set forth in the Schedule No. I, hereto annexed and marked as Exhibit "C", all the property and credits ......3

CONTD....

-- 3 -- TP/1155/2024 which the deceased died possessed of or entitled to at the time of his death, which have or are likely to come to her hands. That so far as the petitioner has been able to ascertain or is aware, there is no property and credits other than what is specified in the Schedule No. I attached to this 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 05.06.2024, 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