Satvasheela Prithviraj Chavan v. Leelaraje Ramchandrarao Ghorpade (Deceased)

1 61-TP-3233-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 3233 OF 2024 Satvasheela Prithviraj Chavan

...Petitioner

Leelaraje Ramchandrarao Ghorpade ...Deceased WITH WILL NO. 1316 OF 2024 IN TESTAMENTARY PETITION NO. 3233 OF 2024 ----- Adv. Melvyn Fernandes i/b Alex Almeida for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

ST APRIL, 2025 DATE :

P.C. :

1.

The matter is on board in view of the following requisition raised by the Testamentary Registrar:

" 1.

Ld. Advocate for the petitioner submits that the petitioner has to take steps in respect of the Administration Bond. Hence, adjourned."

2.

Learned Counsel submits that the aforesaid requisition was raised by the Testamentary Registrar in view of the fact that the surety was residing outside Mumbai. However, in my view, given that this issue has been Ajit

2 61-TP-3233-2024.doc considered and decided by another Learned Single Judge of this Court in the case of Ashok Chanderbhan Choithani, Petitioner & Hansa Chanderbhan Choithani, Deceased 1 in which it was held as follows:

"3.

The Petitioner has filed Petition for Letters of Administration as the mother in whose favour the Probate of the Will had been granted in the USA had expired. The only asset of the deceased is a bank account in the City Bank, P.M. Road Branch, Mumbai. 4.

Having considered the relevant Rules of the Bombay High Court (O.S.) Rules, in particular, Rule 420 for Administration Bond and Rule 422 which is for surety to be justified in certain cases, it is noted that there is no mention that the surety mentioned in the Administration Bond should be from the State of Maharashtra and/or from Mumbai."

4.

Having due regard to the above, the aforesaid requisition is accordingly dispensed with.

(ARIF S. DOCTOR, J.) Order dated 1 st December 2021 in Testamentary Petition No. 166 of 2020 Ajit