Shivani Markand Thakore v. Markand Chandrakant Thakore

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

20 TP/2494/2024 ) Ms. Tripti Sharma along with Ms. Ridhima Chandani i/bShahezad Kazi, Advocate for petitioner P.C.:

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner, being Sole legatee named under the Will executed by Markand Chandrakant Thakore (herein after the same is referred to as "Testator"), for grant of Letters of Administration with Will annexed. Testator said to have died on 24th November, 2023 at Mumbai. Petitioner 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-A-1), Will, petitioner's oath.

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 appointed his wife namely Sarla Markand Thakore, as the Sole Executrix. Said Executrix died on 17th September, 1999, without proving the Will. Her death certificate has been filed on the record and Marked as Exhibit-C. Hence, the petitioner is being Sole legatee 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 28th September, 1996, 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 heir shown in the paragraph No. 10 of the petition, as per the provisions of the Hindu Succession Act, 1956. Testator died leaving behind only daughter .......2

CONTD....

- 2 - TP/2494/2024 namely Shivani Markand Thakore - petitioner herein. Testator had no son and no other daughter. Ld. Advocate for the petitioner submits that since testator died at the age of 98 years and his parents were predeceased to him. Ld. Advocate for the petitioner undertakes to upload corrected copy of petition during the course of day. The petitioner affirmed that there are no other legal heirs of the testator other than mentioned in paragraph no.10 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 9th July, 2024. Notice to collector has been sent.

7. The petitioner has filed the Affidavit of Asha Javeri dated 27th February, 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 she was present and testator signed on the Testament papers in presence of her and another witness. 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 Bombay High Court (Original Side) Rules, 1980. 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. 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 the petitioner submits that as mentioned in paragraph no. 7, which reads as under : "That the petitioner has, to the best of her knowledge and belief, truly set forth in Schedule No. I, hereto annexed and marked as Exhibit "D", all the property and credits which the deceased possessed and / or was entitled to at the time of his death, which have or are likely to come .......3

CONTD....

- 3 - TP/2494/2024 in the hands of the Petitioner. Further, tha in so far as the Petitioner has been able to ascertain, there are no property or credits than those specified in the aforesaid schedule".

Hence, properties which are available to the testator at the time of his death are mentioned in the schedule-I of the petition.

9. As mentioned in Paragraph no. 4 of the will, which reads as under :

"I direct my Executrix to recover all outstandings due to me and pay out all my debts if any, other taxes and liabilities i.e. the probate duty if any, and the costs, charges and expenses of the administration of my estate".

Ld. Advocate for petitioner submits that petitioner has filed Administrator's oath and have undertaken to complied with above directions.

10. Petitioner has executed the Administration Bond dated 3rd July, 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