Maya Lachmandas Advani v. Lachmandas R Advani Alias Lachmandas Ramchand Advani (Deceased)

2 97.TP/1360/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 27th March, 2026 FOR COMPLIANCE:

97. TP/1360/2025 (AMH20230054975C20240001 5) WITH WILL/545/2025 ) ) ) Shri. Mevalal Verma Ld. Advocate for the Petitioner P.C.:

1) Petitioner, namely Maya Lachmandas Advani, filed this petition for grant of Letters of Administration with Will Annexed, being the one of the legatees under the Will executed by Lachmandas R. Advani Alias Lachmandas Ramchand Advani (herein after the same is referred to as "Testator"), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at Mumbai on 17-08-2024.

2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioner, filed the copy of death certificate, an identity proof of the testator, Will and petitioner's oath.

3) No executor has been appointed under the Will. The petitioner is the Sole legatee under the Will. Hence, the petition is tenable. 4) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Mumbai on 12.12.2023 and registered on 12.12.2023, in English language. The Will is handed over separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay.

5) Ld. Advocate for the petitioner submits that the testator is survived by his widow/petitioner, son-Tarun and Daughter-Anjana Dinesh Kirpalani (Nee: Anjana L. Advani), as his legal heirs, whose details are given in the petition's paragraph No. 08, as per the provisions of the Hindu Succession Act,1956. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition. Legal heir of the testator, namely Anjana, has consented to the petition and thereby waived the service of Citation. 6) Citation to non-consenting legal heirs of the deceased, namely Tarun Lachmandas Advani, was issued, at the address mentioned in the petition. The bailiff, personally, has attempted to serve the citation on said heir, 02 times; however, it is not effected. The petitioner has taken out the Chamber Order, having No. 657/2025, to serve the citation by alternative mode of service. The petitioner states that she payed for permission to affix the citation on the

2 97.TP/1360/2025 conspicuous part of the residence of the said Tarun. However, the Hon'ble Addl. Prothonotary and Senior Master, did not grant the said prayer but allow the petitioner to serve the Citation to non-consenting legal heir of the deceased by publishing citation in the daily newspaper namely, "Navbharat (Hindi)" and "Free Press Journal (English)" on 24.02.2026. Accordingly, affidavit of service has been filed by the Ld. Advocate for the petitioner regarding service vide Rule 400 of the Rules. However, non-consenting legal heir did not resist the petition. 7) Citation to all Concern was issued and same 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 Vinod Shyamlal Darira, one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased signed the Testament in his presence and the testator was in sound state of mind at the time of execution of the Will. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will. According to him all additions and alteration in a Will were existed at the time of execution before signing the Will. Hence, there is sufficient compliance of the Rule 383 of the Rules.

9) Properties mentioned in the schedule-I of the petition are referred in the Will. Other legatee, namely Anjana Dinesh Kirpalani (Nee: Anjana L. Advani), has given consent to grant Letters of Administration to petitioner. Petitioner has 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, as per the Rules, having effect throughout the 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.

27th March, 2026 Officer on Special Duty, with Testamentary Department