Usha Sreedhar Alias Usha Rangarajan v. Rangan Rangarajan Kasturi (Deceased)

BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 9th July, 2024 CALLED FOR COMPLIANCE :

32 TP/1396/2024 ) Ms. Tanvi Kamat Deosthale, 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 Rangan Rangarajan Kasturi (herein after the same is referred to as "Testator"), for grant of Letters of Administration with Will annexed. Testator said to have died on 24.07.2021 at Singapore. 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-B), 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 the legatee 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 27.01.2016, 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. Petitioner states that parents of testator were predeceased to him and testator was survived by legal heirs shown in the paragraph No. 7 of the petition, as per the provisions of the Hindu Succession Act, 1956. Wife of the testator namely Mahalakshmi Rangarajan predeceased to testator on 27.10.1999. Testator died leaving behind only daughter namely Usha Shreedhar and no son.

.....2

CONTD....

- 2 - TP/1396/2024 The petitioner affirmed that there are no other legal heirs of the testator other than mentioned in para 7 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 14.05.2024. Notice to collector has been sent.

7. The petitioner has filed the Affidavit and Additional Affidavit of Premaram V. Chowdhary dated 06.12.2023 and 03.07.2024 respectively, 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. Will is duly notarized before Harkishin B. Sharma, Advocate and Notary on 27.01.2016. 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. Ld. Advocate for petitioner submits that as mentioned in para 5 of the petition, which reads as under :

"That the Petitioner has truly set forth in Schedule-I, hereto annexed and marked as Exhibit - 'D', all the properties and credits which the said deceased of or was entitled to at the time of his death, which have or are likely to come to his hands. So far as the Petitioner has been able to ascertain or is aware, there are no other properties and credits other than those ....3

CONTD....

- 3 - TP/1396/2024 specified in Schedule - I annexed hereto".

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 the order passed by the Hon'ble Court in Testamentary Petition No. 2556 of 2022 dated 28.02.2023, the Hon'ble Court has directed that in all Letters of Administration and Succession wherever there is sole legal heir, who is class I legal heir, Registry has been directed not to insist for filing / furnishing Administration Bond. 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.

09.07.2024 FIRST ASSISTANT MASTER