Shirishkumar Dhirajlal Mehta Alias Shirish Dhirubhai Mehta v. Mrs. Gulab Alias Gulabben Dhirajlal Mehta

BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 26th August, 2024 CALLED FOR COMPLIANCE :

14 TP/1410/2024 ) Mr. A. R. Bapat, Advocate for petitioner P.C.:

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner, being one of the beneficiaries named under the Will executed by Gulab alias Gulabben Dhirajlal Mehta (herein after the same is referred to as "Testatrix"), for grant of Letters of Administration with Will annexed. Testatrix said to have died on 21.03.2022 at Mumbai. Petitioner filed the copy of death certificates (which is annexed to petition as Exhibit-A), identity proof of the testatrix (which is annexed to petition as Exhibit-B), Will, petitioner's oath, Affidavits of legal heirs of the testatrix.

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 testatrix has not appointed Executor to execute the Will. The petitioner is being one of the beneficiaries named under the Will. Hence, petition is tenable.

4. Petitioner stated that the testatrix left behind her last Will and Testament which was duly executed at Mumbai on 07.02.2019, 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 husband of testatrix was predeceased to her and testatrix was survived by legal heirs shown in the paragraph No. 13 of the petition, as per the provisions of the Hindu Succession Act, 1956. Husband of testatrix namely Dhirajlal N. Mehta died on 09.02.2009. Testatrix had one daughter namely Shaileja D. Mehta. She died as spinster on 10.09.1987. Testatrix died leaving behind only son namely Shirishkumar D. Mehta - petitioner herein. ......2

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- 2 - The petitioner affirmed that there are no other legal heirs of the testatrix other than mentioned in para No. 13 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 19.06.2024. Notice to collector has been sent.

7. The petitioner has filed the Affidavit of Sarvesh Shrikant Singh dated 25.01.2024, 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 testatrix signed on the Testament papers in presence of him 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 Joint Sub-Registrar, Mumbai City - II, under registration No. BBE-III/1648/2019. Attesting Witness further deposed that at the time of execution of the Will, testatrix 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 Nos. 6 to 10 of the petition, which reads as under :

"6. That the Petitioner has truly set forth in Schedule No. 'I' hereto annexed and marked as Exhibit "D'' all the property and credits which the deceased died possessed of or entitled to at the time of his death, which have or likely to come to his hand.

7. That the Petitioner, with reference to Item Nos. (ii) to (vi) of clause No.3 (Description of Movable Property) at Item No. 'A' DEMAT ACCOUNTS, of

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the last Will of the abovenamed deceased, ......3 -- 3 -- states that these Demat Accounts do not exists as there is no investment in the said Demat account as on 31st December 2023 and hence they have not been listed in Schedule No. I hereto.

8. That the Petitioner, with reference to item No. (vi) in clause No. 3 (B) Savings Bank Accounts of the last Will of the deceased, states that there is Nil balance to the credit of Account No.

50100102655334, in HDFC Bank, Cine Planet Building Branch, Sion (East), Mumbai 400 022, and steps are being taken to close the said Bank account and hence it has not been listed in Schedule No. I hereto.

9. That the Petitioner, with reference to clause No. 3 (C) Bank Lockers, of the last Will of the deceased, states that the Locker No.1 04A in Bank of India, Sion Branch, Mumbai 400 022, in the joint names of the deceased and the Locker was empty and hence it has been surrendered to the said Bank and hence it has not been listed in Schedule No. I hereto. That D the Petitioner, with reference the Bank Locker No.581)Y in Bank of Baroda, Sion Branch, Mumbai 400 022 in the names of the deceased and the Petitioner, further states that since there is no necessity to have the said Bank Lockers, process of its surrender is about to complete and hence it has not been listed in. Schedule No. I hereto.

10. That the Petitioner, with reference to clause No. 3 (D) Savings Bank Accounts of the last Will of the deceased, states that out of the cash amount of Rs. 10 Lacs, the deceased has spent major portion thereof from time to time on her hospitalization and for medicine since the execution of her last Will on 7th February 2022 till her death and only a sum of Rs.63,000/-was balance at her hand at the time of her death on 21st March 2022".

The Ld. Advocate for the petitioner submitted that properties available to the testatrix at the time of her

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death are mentioned in the Schedule - I of the petition. - 4 -

9. As per Will, there are beneficiaries namely Trupti S. Mehta, Dhaval S. Mehta and Jasmine S. Mehta. Consent Affidavits of Trupti S. Mehta, Dhaval S. Mehta and Jasmine S. Mehta all dated 14.08.2024 are on record. They have given their consents in the form of Affidavits, 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 testatrix. They have waived the service of Citation.

10. Petitioner has executed the Administration Bond dated 15.05.2024, 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.

26.08.2024 FIRST ASSISTANT MASTER