Ratna Badal Chandra Poddar v. Badal Chandra Poddar

2 90.TP/2029/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 21st April 2025 FOR COMPLIANCE:

90. TP/2029/2024 [Original] (ECHCBM021796020 23) with WILL/793/2024 P. C.

:

Ms. Aishwarya Bhandary Ld. Advocate for the Petitioner 1) This petition is filed by petitioner, being sole beneficiary under the Will executed by Badal Chandra Poddar S/o Kalicharan Poddar (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 Kolkatta, West Bengal on 29-07-2022. Petitioner, namely Ratan Badal Chandra Poddar, 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) No executor has been appointed under the Will. The petitioner is the sole Legatee 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 Hooghly, Kolkatta, West Bengal on 15.11.2021, 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.

6) Citation to non-consenting legal heirs of the deceased, Padma(Mother of the deceased) was issued, which is duly served upon her by sheriff via Postal Service. However, non-consenting legal heir did not resist the petition.

7) Citation was issued, which has been duly

2 90.TP/2029/2024 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.

8) The petitioner has filed the affidavit of Aparna Kashinath Das amd Ashit Haradhan Jalui attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. They deposed that they were present and deceased signed the Testament in their presence, 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.

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

10) 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, 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.

21st April 2025 Officer on Special Duty, with Testamentary Department