Baburao Gangaram Jitta v. Sunita Baburao Jitta Since Deceased
2 104.TP/4038/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 05th January 2026 FOR COMPLIANCE:
104. TP/4038/2025 (AMH20240009810C20240000 9) with WILL/1606/2025 ) ) ) Ms. Seema Joshi Ld. Advocate for the Petitioner P.C.:
1) Petitioner, namely Baburao Gangaram Jitta, filed this petition, being the sole legatee under the Will executed by SUNITA BABURAO JITTA (herein after the same is referred to as "Testatrix"), for the grant of a Letters of Administration with Will annexed. The Said Testatrix said to have died at Kojankothur, Mlbrahimpatnam 505450, Telangana State, on 06-06-2023. 2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioner, filed the copy of death certificate, an identity proof of the testator, Will and petitioner's oath.
3) No executor has been appointed under the Will. The petitioner is the legatee under the Will. Hence, the petition is tenable. 4) Petitioner stated that the deceased left behind her last Will and Testament, which was duly executed at Vashi, Dist. Thane on 07.11.2022, in English language. The Will is handed over 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 the petitioner submits that the Testatrix is survived by legal heirs, whose details are given in the petition's paragraph No. 11, as per the provisions of the Hindu Succession Act, 1956. The son, Sainath, died on 02.01.2021, bachelor. Hence, the petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition. 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 Satishkumar Avdhesh Thakur
2 104.TP/4038/2025 one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased signed the Testament in his presence. 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 before signing 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. Petitioner, in view of order passed in TP No. 4861/2024, is exempted from furnishing an 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, as per the Rules, having effect 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.
05th January 2026 Officer on Special Duty, with Testamentary Department