Sunita Vallabh Akerkar v. Vallabh Ramkrishna Akerkar (Deceased)

1 95.TP/4040/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 05th December, 2024 FOR COMPLIANCE:

95. TP/4040/2024 P. C. : Ms. Rajashri Nadiger Ld. Advocate for the [Original] (ECHCBM021099420 Petitioner 24) with WILL/1600/2024 1) This petition is filed by petitioner, being one of the beneficiaries under the Will executed by Vallabh Ramkrishna Akerkar (herein after the same is referred to as "Testator"), for grant of a Letters of Administration with Will annexed. Said Testator said to have died at Mumbai on 20-092023 Petitioner, namely Sunita Vallabh Akerkar, filed the copy of death certificate, identity proof of the testator, copy of the Will, petitioner's oath. 2) Perused petition. Heard Ld. Advocate for petitioner. Perused documents.

3) Hence, the petitioner is the one of the legatees under the Will. Hence, petition is tenable.

4) Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Mumbai on 21.07.2014, in Marathi language. its office translation is filed on the record in view of the Order of the Hon'ble Court passed in the TP No. 1263/2023, the Ld. Advocate for the petitioner has filed an affidavit stating that the translation of the Will is true translation as per the contents of the Original Will. 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 testator and testator was survived by legal heirs, as per the provisions of Hindu Succession Act, 1956 Legal heirs of the testator have consented to the

2 95.TP/4040/2024 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 Amol Sudhir Pagedar, one of 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 him 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 as well as in residuals clause of the Will.

9) Other legatees, namely Dynanada except petitioner, has given consent to grant Letters of Administration to petitioner.

10) Petitioner has executed the administration Bond in the prescribed format. Hence, following order:

3 95.TP/4040/2024

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, thought 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 December, 2024 Officer on Special Duty, with Testamentary Department