Anand Madhukar Shaligram v. Madhukar Vishnu Shaligram (Decased)

1 78.TP/1329/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 13th January 2025 FOR COMPLIANCE:

78. TP/1329/2024 [Original] (ECHCBM022208120 23) with WILL/470/2024 P. C. :

Shri. Mukesh B. Naynak Ld. Advocate for the Petitioner 1) This petition is filed by petitioner, being the beneficiaries under the Will executed by MADHUKAR VISHNU SHALIGRAM (herein after the same is referred to as "Testator"), for grant of a Letters of Administration with Will annexed. Said Testator said to have died at Mumbai on 16-10-2013 Petitioners, namely (1) ANAND MADHUKAR SHALIGRAM and (2) HEMCHANDRA MADHUKAR SHALIGRAM, filed the copy of death certificates, identity proof of the testator, Will, petitioner's oath.

2) Perused petition. Heard Ld.

Advocate for petitioner. Perused documents.

3) The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short "Rules").

4) No executor is appointed to execute the Will and the petitioners are the legatees under the Will. Hence, petition is tenable.

5) Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Mumbai on

2 78.TP/1329/2024 15.03.2013, in English language. 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.

6) Ld. Advocate for petitioner submits that parents of deceased predeceased testator and testator was survived by legal heirs, as per the provisions of Hindu Succession Act, 1956. Legal heir of the testator has consented to the petition and thereby waived the service of Citation.

The petitioner affirmed that there are no other legal heirs of the deceased.

7) Citation was issued, which has been duly affixed on the conspicuous part of the Hon'ble High Court and notice board of the Collector's Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980(for short "BHC Rules") and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

8) The petitioner has filed the affidavit of DIVYA S. KAPADIA, one of Attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that he was present and deceased signed the Testament in presence of him and another witness,

3 78.TP/1329/2024 after going through its contents. 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-I of the petition are referred in the Will and available at the time of the death of the deceased Testator.

10) Petitioners have executed the administration Bond in the prescribed format. Hence, following order:

ORDER

1) Petition is granted.

2) Office to issue Letters of Administration with Will annexed to the petitioner, upon satisfaction that the administration Bond is properly executed, as per the Rules, throughout State of Maharashtra.

3) Before issuance of 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.

13th January 2025 Officer on Special Duty, with Testamentary Department