Vijay Vasant Limaye v. Arun Gajanan Mone (Deceased)
BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 12th November 2024 CALLED FOR COMPLIANCE :
52 TP/3729/2024 ) Ms. Shamika Ranade, Advocate for petitioner P.C.:
1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner namely Vijay Vasant Limaye being sole legatee named under the Will executed by Arun Gajanan Mone (herein after the same is referred to as "Testator"), for grant of Letters of Administration with Will annexed. Testator said to have died on 30.09.2023 at Sawarde, Ratnagiri. 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), 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 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 Chiplun, Ratnagiri on 12.12.2022 and duly registered in the office of the Sub-Registrar, Chiplun on 13.12.2022, in English language. Ld. Advocate for petitioner submits that the original Will No. 1465 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 testator were predeceased to him and testator was survived by legal heirs shown in the paragraph No. 8 of the petition, as per the provisions of the Hindu Succession Act, 1956. Wife of testator namely Archana Arun Mone predeceased to him and copy of her death certificate is annexed to the petition as Exhibit "D". ......2
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- 2 - Testator died as issue-less. Testator has one brother and four sisters. Testator's brother namely Madhukar Gajanan Mone predeceased to the testator. Said Madhukar Mone died issue-less and his wife namely Madhavi Madhukar Mone predeceased to him. Copy of death certificate of Madhukar Mone has been annexed to the petition as Exhibit - "E".
Testator's four sisters namely Sunita Vasant Limaye, Mansi Madhav Patankar, Madhuri Jagannath Vaishampayan and Mangala Ranganath Ganpule. One of the sisters of testator namely Mangala R. Ganpule predeceased the testator. Ld. Advocate for the petitioner submits that brother of the testator namely Madhukar G. Mone and sister of the testator namely Mangala Raghunath Ganpule are predeceased the testator. Therefore, their heirs and legal representatives are not an legal heirs of the testator as per provisions of section 8 of the Hindu Succession Act, 1956 and they not entitled to serve with citation.
Consent Affidavits of Sunita Vasant Limaye dated 16.04.2024, Mansi Madhav Patankar dated 26.04.2024, Madhuri Jagannath Vaishampayan dated 26.04.2024 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 No. 8 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 26.08.2024. Notice to collector has been sent.
7. The petitioner has filed the Affidavit of Kamlesh Shantaram Salvi dated 30.03.2024, one of Attesting Witness to the Will, in the Form No.102 of the Bombay High Court (Original Side) Rules, 1980. .....3
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- 3 - 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, Chiplun under registration No. CPL/5608/2022. 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. Ld. Advocate for petitioner submits that as mentioned in para No. 6 of the petition, which reads as under :
"That the Petitioner has truly set forth in Schedule No.I, hereto annexed and marked Exhibit - "C", all the property and credits which the deceased died possessed of or entitled to at the time of his death which have or are likely to come to the Petitioner hands".
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. Ld. Advocate for petitioner submits that properties mentioned in Schedule I of the petition was bequeathed to the petitioner herein as per the Will.
9. Petitioner has executed the Administration Bond dated 12.08.2024 in the prescribed format. Hence, following order:
ORDER
1) Petition is granted.
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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.
12.11.2024 FIRST ASSISTANT MASTER