Rajesh Girish Parekh, v. Renuka Jayantilal Gandhi
BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 2nd August, 2024 CALLED FOR COMPLIANCE :
19 TP/1815/2024 ) Mr. Jayant Wani i/b. Seema Hunnurkar and Associates, Advocate for petitioner P.C.:
1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner, being one of the legatees named under the Will executed by Renuka Jayantilal Gandhi (herein after the same is referred to as "Testatrix"), for grant of Letters of Administration with Will annexed. Testatrix said to have died on 14.02.2023 at Mumbai. Petitioner filed the copy of death certificate (which is annexed to petition as Exhibit- A), identity proof of the testatrix (which is annexed to petition as Exhibit- A1), 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 appointed Girish T. Parekh as executor. The said executor has expressed his desire to renounce his rights of executorship and filed his Affidavit dated 27.02.2024 for renouncing his rights of executorship. The petitioner is being one of the legatees 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 19.06.2007, 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 testatrix were predeceased to her and testatrix was survived by legal heirs shown in the paragraph No. 8 of the petition, as per the provisions of the Hindu Succession Act, 1956. Testatrix died as spinster. .......2
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- 2 - TP/1815/2024 Testatrix died leaving behind one sister namely Usha Girish Parekh and only brother Bipin Jayantilal Gandhi. Consent Affidavit of Usha Girish Parekh dated 27.02.2024 and Bipin Jayantilal Gandhi dated 26.02.2024 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. The petitioner affirmed that there are no other legal heirs of the testatrix other than mentioned in para 8 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 08.05.204. Notice to collector has been sent.
7. The petitioner has filed the Affidavit of Ankeeta Bipin Gandhi dated 27.02.2024, 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 she was present and testatrix signed on the Testament papers in presence of her and another witness. According to her, 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. 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-I of the petition are referred in the Will as well as in residuals clause of the Will. Ld. Advocate for the petitioner submits that as mentioned in para 6, which reads as under :
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- 3 - TP/1815/2024 "That the Petitioner has truly set forth in Schedule No.I hereto annexed and marked as Exhibit - "C", all the property and credits which the deceased died possessed of or entitled to at the time of her death, which have or are likely to come to the Petitioner's hands".
The Ld. Advocate for the petitioner submitted that properties available to the testatrix at the time of her death are mentioned in the Schedule - I of the petition. Ld. Advocate for petitioner has filed Additional Affidavit of petitioner and stated on oath in detail that testatrix had disposed of / realized and settled the accounts of the properties which are mentioned in the Will but not shown in the Schedule I of the petition.
9. As per requisitions No. I raised in the order dated 12.07.2024, which reads as "As per Will, there are donations. Hence, Ld. Advocate to provide proof of the same".
Ld. Advocate for petitioner has filed Affidavit of petitioner dated 29.06.2024. Petitioner had undertaken to donate Rs.25000/- to provide tubewell in village of Gujarat State and also donate Rs.10,000/- for disaster relief work anywhere in India. He further undertakes to donate Rs.50,000/- to Charitable Trust as mentioned in the Will. He undertakes to file proof of said donations in this Hon'ble Court within six months from the date of the issuance of grant. Furthermore, Ld. Advcoate for petitioner will upload the praecipe dated 27.07.2024 addressed to the Charity Commissioner, Mumbai informing about the donation made to Charitable Trust. The said undertakings are accepted.
10. Petitioner has executed the Administration Bond dated 26.02.2024, in the prescribed format. Hence, following order:
ORDER
1) Petition is granted. .....4
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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 02.08.2024 FIRST ASSISTANT MASTER