Surekha Arvind Bhuchar v. Ram Gopal Kumar

Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 17th April, 2025 FOR COMPLIANCE:

70. TP/1889/2024 P. C. : Ms. Dhanashree Kondkar Ld. Advocate for the [Original] (ECHCBM020254120 Petitioner 24) with WILL/743/2024 1) This petition is filed by petitioner, being the beneficiaries under the Will executed by RAM GOPAL KUMAR (herein after the same is referred to as "Testator"), for grant of a Letters of Administration with Will annexed. Said Testator said to have died at Mumbai on 04/04/2023.

Petitioners, namely (1) Surekha Arvind Bhuchar and (2) Sangeeta Ajay Bhandarkar, filed the copy of death certificate, identity proof of the testator, Will, petitioner's oath.

2) Perused petition. Heard Ld. Advocate for petitioner. Perused documents.

3) The executor, namely Renuka Kumar, have relinquished executorship by filing an affidavit at Ex. "C". No executor has been appointed under the Will. The petitioner is the both the legatees under the Will. Hence, petition is tenable.

4) Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Mumbai on 16.01.2007, in English language. 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) Ld. Advocate for petitioner submits that testator was survived by legal heirs, as per the provisions of Hindu Succession Act, 1956. The

petitioner affirmed that there are no other legal heirs of the deceased. Legal heirs of the testator have consented to the petition and thereby waived the service of Citation.

6) 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.

7) The petitioners state that the bother the attesting witnesses to the Will, namely T.A. Kaul and Mrs. Rajkumari Kaul have expired on11.03.2018 and 20.11.2018, respectively. Petitioners further state that Gauri Nair was present at the time of execution of the Said Will. Hence, as per the guideline given in TP No. 50 of 2011, the petitioners have filed the affidavit of Gauri Nair, vide Rule 384 of BHC Rules, in form No.102 of Bombay High Court (Original Side) Rules, 1980. She deposed that she was present and deceased signed the Testament in presence of her and in presence of attesting witnesses, after going through its contents. 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 before signing the Will. Hence, there is sufficient compliance of the Rule 383 of the Rules.

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

9) Petitioners have 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, renouncing the right of the Executor namely Renuka Kumar, upon satisfaction that the administration Bond is properly executed, as per the Rules, 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. Furthermore, office to ensure that amended petition is properly uploaded with identity proof of the deceased. 17th April, 2025 Officer on Special Duty, with Testamentary Department