Lata Kashinath Panchal v. Late Shobha Kashinath Panchal Alias Shubhangi Kashinath Panchal (Deceased)

Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 22nd September, 2025 FOR COMPLIANCE:

82. TP/1460/2024 [Original] (ECHCBM021286420 23) with WILL/565/2024 P. C. : Shri. Arunkumar Khedia Ld. Advocate for the Petitioner 1) This petition is filed by petitioner, being sole beneficiary under the Will executed by Shobha Kashinath Panchal Alias Shubhangi Kashinath Panchal (herein after the same is referred to as "Testatrix"), for grant of a Letters of Administration with Will annexed. Said Testatrix said to have died at Mumbai on 09/11/2017. Petitioner, namely Lata Kashinath Panchal, filed the copy of death certificate, identity proof of the testator, Will along with its translation and 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 has been appointed under the Will. The petitioner is the one of the beneficiary under the Will. Hence, petition is tenable.

5) Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Mumbai on 01.11.2012, in Marathi language. Its official translation is filed on the record. The 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 Testatrix is survived by legal heirs, whose details are given in the petition's paragraph No. 10, as per the provisions of Sec. 15(1)(a) of the Hindu Succession Act, 1956.The petitioner affirmed that

there are no other legal heirs of the deceased, except mentioned in the petition. Legal heirs of the testatrix, namely Darshan Panchal alias Shobha Kashinath Panchal and Suryakant Panchal, have consented to the petition and thereby waived the service of Citation.

7) Citation to non-consenting legal heirs of the deceased, namely Shakuntala Panchal wd/o Chandrakant Panchal, Yogesh Chandrakant Panchal, Yogita Pathak alias Asha Kashinath Panchal, Sarita Shrikrishna Panchal alias Nalini Kashinath Panchal. The petitioner states that she is not aware about the whereabouts of these nonconsenting legal heirs. Hence, she has taken out a chamber Order, having No. CHOL/53/2025 to serve the citation by way of the paper publication. Accordingly, the citation is published in the daily newspaper namely, "Free Press Journal in English" and "Navashakti in Marathi". Accordingly, affidavit of service has been filed by the Ld. Advocate for the petitioner regarding service vide Rule 400 of the Rules. However, nonconsenting legal heirs did not resist the petition.

8) 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.

9) The petitioner has filed the affidavit of Sadhanadevi Fulchand Jaiswal, one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. She deposed that deceased affixed her thumb impression in her presence. 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 her all additions and alteration in a Will were existed at the time of execution and contents of the Will were read over to the testatrix before signing the Will. Hence, there is sufficient compliance of the Rule 383 & 419 of the Rules.

10) Properties mentioned in the schedule-I of the petition are referred in the Will.

11) 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 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.

22nd September, 2025 Officer on Special Duty, with Testamentary Department