Rajendra Raghunath Pol v. Raghunath Jotiram Pol
BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 3rd July, 2024 CALLED FOR COMPLIANCE :
35 TP/2078/2024 ) Mr. Atish Mahade, 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 Raghunath Jotiram Pol (herein after the same is referred to as "Testator"), for grant of Letters of Administration with Will annexed. Testator said to have died on 18.11.2023 at Mumbai. Petitioners filed the copy of death certificate (which is annexed to petition as Exhibit-A), identity proof of the testator (which is annexed to petition as Exhibit-A1), Will, 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 is being one of the beneficiaries 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 08.11.2022, 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 testator were predeceased to him and testator was survived by legal heirs shown in the paragraph No. 6 (which was mentioned in chart) of the petition, as per the provisions of the Hindu Succession Act, 1956. Testator died leaving behind wife namely Vatsala R. Pol and only son Rajendra Pol - Petitioner herein and three married daughters namely Sharmila Sadaphule, Minal Narayane and Hema Dhake. Consent Affidavits of ......2
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-- 2 -- TP/2078/2024 Vatsala R. Pol dated 23.02.2024, Sharmila Sadaphule dated 23.02.2024, Minal Narayane dated 26.02.2024 and Hema Dhake dated 23.02.2024 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 testator. They have waived the service of Citation. The petitioner affirmed that there are no other legal heirs of the testator other than mentioned in para 6 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 30.05.2024. Notice to collector has been sent.
7. The petitioner has filed the Affidavit of Nilesh Surendra Shreyakar dated 23.02.2024, 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 Sub-Registrar, Andheri No. 2, Mumbai Suburban District under registration No. BDR4-11643/22. 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.
8. Ld. Advocate for the petitioner seeks to correct typographical error in para No. 3 of the petition, which reads "That the said deceased left a Will simultaneously executed .....3
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-- 3 -- TP/2078/2024 on 05.03.2020, registered under serial No.3337 on 08.11.2022 and replace with 'That the said deceased left a Will simulatneously executed on 08.11.2020, registered under Sr. No. 11643 on 11.11.2022'. He further submits that this Will is last Will of testator. Ld. Advocate for petitioner undertakes to correct the petition and re-upload the same during the course of the day. The said undertaking is accepted.
9. Properties mentioned in the Schedule of the petition are referred in the Will as well as in residuals clause of the Will. Ld. Advocate for petitioner submits as under : "That the petitioner has truly set forth in the Schedule I, annexed and marked Exhibit - "D"
to the petition, all the property and credits which the deceased possessed of or entitled to at the time of his death or which are likely to come to the hands of the Petitioner. The property mentioned in the Will and not mentioned in Schedule - I to the petition, are disposed by the deceased during his lifetime".
The Ld. Advocate for the petitioner submitted that properties available to the testator at the time of his death are mentioned in the Schedule - I of the petition.
10. Petitioner has executed the Administration Bond dated 21.05.2024, 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.
03.07.2024 FIRST ASSISTANT MASTER