Salil Shashikant Pradhan v. Prafullata Narendra Pradhan (Deceased)

1 98.TP/3950/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 16th January 2025 FOR COMPLIANCE:

98. TP/3950/2024 [Original] (ECHCBM02128762 024) with WILL/1558/2024 P. C. : Ms. Pratiksha Koshe i/b Divekar Bhagwat & Co. Ld. Advocate for the Petitioner 1) This petition is filed by petitioner, being one of the beneficiaries under the Will executed by Prafullata Narendra Pradhan, (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 2607-2023 Petitioner, namely Salil Shashikant Pradhan, filed the copy of death certificate, identity proof of the testator, Will, petitioner's oath.

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

3) No executor has been appointed. The petitioner is the one of the beneficiary under the Will. Hence, petition is tenable.

4) Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Mumbai on 21.11.2022, in English language. 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) Ld. Advocate for petitioner submits that parents of deceased predeceased Testatrix and testator was survived by legal heirs, as per the provisions of Hindu Succession Act, 1956. Legal heirs of the

2 98.TP/3950/2024 testatrix have consented to the petition and thereby waived the service of Citation. The petitioner affirmed that there are no other legal heirs of the deceased.

6) 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. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

7) The petitioner has filed the affidavit of Milan Suresh Kamik & Swapnil Dattatray Mantri 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 attesting witnesses all additions and alteration in a Will were existed at the time of execution and before singing the Will. Hence, there is sufficient compliance of the Rule 383 of the Rules.

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

9) Other legatees, namely Sheetal Tipnis,

3 98.TP/3950/2024 Ashwinin Kulkarni, have given consent to grant Letters of Administration to petitioner. 10) Other legatees, namely Harshita, Swati Salil Pradhan, who are not legal heirs of deceased. Vide an order dated 12.11.2024 the petitioner has filed consent of these two beneficiaries, the Hon'ble Court, vide an order dated 20.12.2025, has dispensed with the requisitions to file the consent affidavits of then two beneficiaries.

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 the 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.

16th January 2025 Officer on Special Duty, with Testamentary Department