Priya Nateshkumar W/O. Nateshkumar Mani v. Natesan Rajgopal @ Natesan Rajgopal Son Of Marudur Srinivasa Natesan
BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 14th August, 2024 CALLED FOR COMPLIANCE :
21 TP/1193/2024 ) Mr. Rahul R. Bothra, Advocate for petitioner P.C.:
1. Perused Petition. Heard Ld. Advocate for petitioners. This petition is filed by petitioners being legatees named under the Will executed by Natesan Rajgopal (herein after the same is referred to as "Testator), for grant of Letters of Administration with Will annexed. Testator said to have died on 10th September, 2022 at Mumbai. 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 filed petition within prescribed limit as per Rule 382 of the Bombay High Court (Original Side) Rule, 1980 (for short "Rules"). 3.
Testator has appointed Venkataraman Krishnaswami as sole Executor. The said executor is reported to have been died on 23.01.2023, without proving the Will. His death certificate has been filed on the record and copy of which annexed to the petition as Exhibit - "C". Hence, the petitioners are being legatees named under the Will. Hence, petition is tenable.
4. Petitioners stated that the testator left behind his last Will and Testament which was duly executed at Mumbai on 21st January, 2016 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. Petitioners states that parents of testator were predeceased to him and testator was survived by legal heirs shown in the paragraph No. 11 of the petition, as per the provisions of the Hindu Succession Act, 1956. Wife of the testator predeceased to him. Testator died leaving behind three married daughters .......2
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- 2 - namely Priya Nateshkumar - Petitioner No. 1 herein, Pushpa Krishnaswami - Petitioner No. 2 herein and Nithya Karthik - petitioner No.3 herein and had no son. The petitioner affirmed that there are no other legal heirs of the testator other than mentioned in para 11 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 03.05.2024. Notice to collector has been sent.
7. The petitioner has filed the Affidavit and Additional Affidavits of Sankaran Muthu Swamy dated 09.01.2024 and 10.07.2024 respectively, one of Attesting Witness 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. Will is duly registered before SubRegistrar, Kurla No. 6 under registration No. KRL-4649 of 2016. Attesting witness 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. As mentioned in paragraph No. 7 of the petition, which reads as follows :- "That the Petitioner's have truly set forth in Schedule-I, hereto annexed and marked as EXHIBIT "D" are all the property 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 their hands so far as the ....3
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-- 3 -- petitioner's have been able to ascertain or is aware, there are no property and credits other than what are specified in the schedule 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. As per requisition No. 1 raised in the order dated 27.06.2024 which reads as "To comply with the provisions of rule 383 of the Bombay High Court (Original Side) Rules, 1980"
Ld. Advocate for petitioner has filed Affidavit of Attesting Witness namely Sankaran Muthu Swamy dated 10.07.2024 in support of execution of the Will.
10. As per requisition No. 2 raised in the order dated 27.06.2024 which reads as "To file consent Affidavit of beneficiaries named under the Will"
Ld. Advocate for the petitioner has filed affidavit of Gomati Subramanian dated 10th July, 2024. She has given consent in favour petitioners without justifying any share in the estate of testator. She waived service of citation.
Also, Ld. Advocate for petitioner has filed Affidavits of two beneficiaries namely Nova Manikaratinam Nadar and Sharayu Tanaji Ghone, both dated 23.07.2024. They have given their consents in the form of Affidavit, 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. Moreover, Petitioners have filed Administrators oath dated 9th January, 2024 and given undertakings which includes legacies as per Will as follows :- "We shall faithfully administer the property and credits of the said deceased and in any way concerning his Will by paying his debts and then the legacies therein bequeathed so far as the said assets will extend, and that We shall make and ......4
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- 4 - exhibit a full and true inventory of the said property and credits in this Hon'ble Court within six months from the date of the grant to be made to us or within such further time as the said Court may from time to time appoint, and also render a true account of our administration to this Hon'ble Court within one year from the same date or within such further time as the said Court may from time to time appoint. We shall and credits in this Hon'ble Court within six months from the date of the grant to be made to us or within such further time as the said Court may from time to time appoint, and also render a true account of our administration to this Hon'ble Court within one year."
10. Ld. Advocate for the petitioner submits that in the will there are some nominees and life assured names mentioned namely Anahita Karthik, Rajeev Nateshkumar, Divija Krishnaswami and Neeraja Krishnaswami. Since, said movables are already been disposed off/transferred/distributed and also mentioned in Schedule-I of the petition. Therefore, there consent affidavits are not necessary.
11. Petitioner has executed the administration Bond dated 03.05.2024, 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.
14.08.2024 FIRST ASSISTANT MASTER