Varad Chandrakant Bobale v. Saraswati Ganpat Sawant (Deceased)

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

22 TP/2006/2024 ) Mr. Kunal Sunil Jadhav, 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 Saraswati Ganpat Sawant (herein after the same is referred to as "Testatrix"), for grant of Letters of Administration with Will annexed. Testatrix said to have died on 16.04.2020 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 explained the delay in para No.11 of the petition 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 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 18.02.2015, 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 and husband of testatrix were predeceased to her and testatrix was survived by legal heirs shown in the paragraph No. 9 of the petition, as per the provisions of the Hindu Succession Act, 1956. Testatrix died leaving behind three daughters and one son. Testatrix's three daughters are namely Priti Otawkar, Suchita Bhogale and Sangeeta V. Thote and only son namely Ashok Ganpat Sawant. Consent Affidavits of Priti Otawkar, ......2

CONTD....

- 2 - TP/2006/2024 Suchita Bhogale, Sangeeta Thote and Ashok Ganpat Sawant, all dated 29.02.2024 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 9 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 04.06.2024. Notice to collector has been sent.

7. The petitioner has filed the Affidavit of Kunal Sanjay Rasal dated 29.02.2024, 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 he was present and testatrix put her thumb impression 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. Attesting Witness deposed that the said Will is in English language and he had explained and interpreted in Marathi language by him to the testatrix hence, rule 419 of the Bombay High Court (Original Side) Rules, 1980 complied with. 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. Ld. Advocate for petitioner submits that as mentioned in para 6 of the petition, which reads as under : .....3

CONTD...

- 3 - TP/2006/2024 "That the Petitioner have truly set forth in the Schedule No. I, hereto annexed and marked Exhibit - "D" the property and credits which the deceased died possessed or entitled to at the time of her death and which have or are likely to come to the Petitioner hands. So far as the petitioner have been able to ascertain or is aware, there are no property and credits other than what are specified in the Schedule attached to the petition".

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.

9. Petitioner has executed the administration Bond dated 04.07.2024, 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 26.07.2024 FIRST ASSISTANT MASTER