Shrikant Yeshwant Pawaskar v. Sunanda Yeshwant Pawaskar

Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 08th April, 2025 FOR COMPLIANCE:

75. TP/2877/2024 [Original] (ECHCBM020878220 24) with CHOL/58/2025 (AMH20230020324C 202400006) with WILL/1163/2024 P. C. : Ms. Reshmi Parab Ld. Advocate for the Petitioner 1) This petition is filed by petitioner, being sole beneficiary under the Will executed by Sunanda Yeshwant Pawaskar (herein after the same is referred to as "Testatrix"), for grant of a Letters of Administration with Will annexed. Said Testatrix said to have died at Mumbai on 27-032019 Petitioner, namely Shrikant Yeshwant Pawaskar, filed the copy of death certificate, identity proof of the testatrix, Will along with its English translation, petitioner's oath.

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

3) The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short "Rules"). 4) No executor has been appointed under the Will. The petitioner is the sole legatee under the Will. Hence, petition is tenable.

5) Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Mumbai on 16/06/2017 registered Will, in Marahi language. In view of the Order of the Hon'ble Court passed in the TP No. 1263/2023, the Ld. Advocate for the petitioner has filed an affidavit stating that the translation of the Will is true translation as per the contents of the Original Will. 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.

6) Ld. Advocate for petitioner submits that parents of deceased predeceased Testatrix and she 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. One of the legal heirs namely Kusum, consented to the petition. Her affidavit is filed.

7) Citation to non-consenting legal heir of the deceased, namely Pratibha, was issued, which is duly served upon her vide Rule 400 of the Rules. The petitioner states that he is not aware about the whereabout of legal heirs of the testatrix. Hence, chamber order, having No. 58/2025 has been taken out to serve the Citation to nonconsenting legal heir of the deceased by publishing citation in the daily newspaper, namely "Active Times" and in Marathi Newspaper, namely "Lakshdeep". Accordingly, affidavit of service has been filed by the Ld. Advocate for the petitioner regarding service vide Rule 400 of the Rules, on 20.02.2025 and on 12.03.2025, respectively . However, nonconsenting legal heir did not resist the petition.

8) 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.

brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

9) The petitioner has filed the affidavit of Vishwas Shankar Waingankar one of Attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that he was present and deceased signed the Testament in presence of him and another witness, 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 him all additions and alteration in a Will were existed at the time of execution and before signing the Will. He further deposed those contents of the Will was read over and explained to the testatrix. Hence, there is sufficient compliance of the Rule 383 and 419 of the Rules.

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

11) 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.

08th April, 2025 Officer on Special Duty, with Testamentary Department