Sanjay Yogesh Adalja v. Yogesh Nandlal Adalja (Deceased)

BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 18th October, 2024 CALLED FOR COMPLIANCE :

48 TP/3524/2024 ) Mr. S. U. Lakdwala, Advocate for petitioner P.C.:

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner, being one of the legatees named under the Will executed by Yogesh Nandlal Adalja and Dakshaben Yogesh Adalja (herein after the same is referred to as "Testator and Testatrix"), for grant of Letters of Administration with Will annexed.

Testator said to have died on 12.03.2016 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- A1).

Testatrix said to have died on 30.12.2023 at Mumbai. Petitioner filed the copy of death certificate (which is annexed to petition as Exhibit- B), identity proof of the testatrix (which is annexed to petition as Exhibit- B1).

Petitioner has also filed copy of Joint Will, petitioners oath and Affidavit of Legal heirs of Testator and Testatrix.

2. The petitioner has explained the delay in para No.12 of the petition as per Rule 382 of the Bombay High Court (Original Side) Rule, 1980 (for short "Rules").

3. The 'testator and Testatrix' have not appointed Executor to execute the Will. The petitioner is being one of the legatees named under the Joint Will. Hence, petition is tenable.

4. Petitioner stated that the testator and testatrix left behind their last Joint Will and Testament which was duly executed at Mumbai on 21.08.2012, in English language. ......2

CONTD....

- 2 - Ld. Advocate for petitioner submits that the original Joint Will No. 1383 of 2024 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 both the 'testator and testatrix' were predeceased to them and they were survived by legal heirs shown in the paragraph No.9 of the petition, as per the provisions of the Hindu Succession Act, 1956. 'Testator and Testatrix' were husband and wife. They died leaving behind only son namely Sanjay Yogesh Adalja - petitioner herein and only daughter namely Sangita Jiten Shah. Consent Affidavit of Sangita Jiten Shah dated 11.05.2024 is on record. She has given her consent in the form of Affidavit, which is 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 her share in the estate of the 'testator and testatrix'. She has waived the service of Citation. The petitioner affirmed that there are no other legal heirs of the 'testator and testatrix' other than mentioned in para No. 9 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 27.09.2024. Notice to collector has been sent.

7. The petitioner has filed the Affidavit of Kishore Shamji Thakkar dated 28.05.2024, 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 he was present and 'testator and testatrix' 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. ......3

CONTD....

- 3 - Said Joint Will is duly registered before the SubRegistrar, Kurla - 4, Mumbai under registration No. BDR-14-III/7007/2012.

Attesting witness further deposed that at the time of execution of the Will, 'testator and testatrix' 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. As per Joint Will, testator and testatrix had bequeathed their one of the property to their grandson namely Binoy Sanjay Adalja alongwith Sanjay Yogesh Adalja - petitioner herein and Sangeeta Jiten Shah - daughter. The said Binoy Sanjay Adalja has given his consent Affidavit dated 28.05.2024, which is on record. He has given his consent in the form of Affidavit, which is 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 his share in the estate of the testator and testatrix. He has waived the service of Citation.

9. Properties mentioned in the schedule of the petition are referred in the Will. Ld. Advocate for petitioner submits that as mentioned in para No. 7 of the petition, which reads as under :

"That the Petitioner has truly set forth in Schedule No.I, hereto annexed marked Exhibit "D", all the property and credits which both the deceased died possessed of or entitled to at the time of their respective death, which have or are likely to come to her hands. Rest all properties if any, referred in the Will but not claimed in the Schedule as they have been disposed of after execution of Will and did not exist at the time of filing of petition. So far as the Petitioner have been able to ascertain or is aware, there are no property and credits other than what are specified in the Schedule attached to the Petition".

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CONTD...

- 4 - The Ld. Advocate for the petitioner submitted that properties available to the 'testator and testator' at the time of their deaths are mentioned in the Schedule - I of the petition.

10. Petitioner has executed the Administration Bond dated 03.09.2024 in the prescribed format. Hence, following order:

ORDER

1) Petition is granted.

2) Office to issue Letters of Administration with Joint 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 Joint Will, the office to verify that there is no cross Petition is pending or caveat is filed. Office to act accordingly.

18.10.2024 FIRST ASSISTANT MASTER