Arti Bhagwan Korgaonkar v. Late Dhondiba Hari Chalake(Deceased)

BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 27th June, 2024 CALLED FOR COMPLIANCE :

29 TP/1860/2024 ) Ms. Shobhana Waghmare a/w. Akshata Kadam, Advocate for petitioner P.C.:

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner, being sole beneficiary named under the Will executed by Dhondiba Hari Chalake (herein after the same is referred to as "Testator"), for grant of Letters of Administration with Will annexed. Testator said to have died on 20.07.2023 at Kolhapur, Maharashtra.

Petitioner filed the copy of death certificates (which is annexed to petition as Exhibit- A), identity proof of the testator (which is annexed to petition as Exhibit-A1), Will along with its translation, 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 being sole beneficiary named 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 23.05.2017, in Marathi language. Ld. Advocate for petitioner submit that its translation is filed on the record. 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. 11 of the petition, as per the provisions of the Hindu Succession Act, 1956. Testator died leaving behind his wife namely Yamuna Chalake and three married daughters namely Lata Divekar, Vasanti Gayakavad and Surekha Chavan. .....2

CONTD....

-- 2 -- TP/1860/2024 ) The petitioner affirmed that there are no other legal heirs of the testator as mentioned in para 11 of the petition.

6. Citation to non-consenting legal heirs of the deceased namely Yamuna Chalke, Lata Divekar, Vasanti Gayakavad and Surekha Chavan was issued, which are duly served by Sheriff as per Rule 399 of the Bombay High Court (Original Side) Rules, 1980. Affidavit of Service filed by Mr. Sanjay J. Dhamapurkar, Bailiff and Clerk of the office of Sheriff, Mumbai dated 13.06.2024 is on record. As per postal Tracking Report annexed the Affidavit as Exhibit - "D" Colly. citation had already been received by them. However, non-consenting legal heirs did not resist the petition till date.

7. 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 16.05.2024. Notice to collector has been sent.

8. The petitioner has filed the Affidavit of Keshav Gundu Khamkar dated 15.02.2024, 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 registered before Joint Registrar, Mumbai City II, vide registration No. 7202/2017. 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.

9. Properties mentioned in the schedule of the petition

CONTD....

are referred in the Will as well as in residuals .......3 -- 3 -- TP/1860/2024 ) clause of the Will. The Ld. Advocate for the petitioner submitted that properties available to the testator at the time of his his death are mentioned in the schedule of the petition.

10. Petitioner has executed the administration Bond dated 22.06.2024, 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.

27.0.6.2024 FIRST ASSISTANT MASTER