Neeta Naraindas Tekchandani v. Narain Alias Naraindas Gobindram Tekchandani (Deceased)
BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 4th October, 2024 CALLED FOR COMPLIANCE :
56 TP/4103/2024 ) Ms. Seema Chopda, Advocate for petitioner P.C.:
1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner, being sole legatee named under the Will executed by Naraindas Gobindram Tekchandani (herein after the same is referred to as "Testator"), for grant of Letters of Administration with Will annexed. Testator said to have died on 18.10.2023 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), Will, petitioner's oath.
2. The petitioner has filed the present 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 Mumbai on 14.09.2022, in English language. Ld. Advocate for petitioner submits that the original Will No. 1620 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 the testator namely Jaiwanti Naraindas Tekchandani died on 28.11.2023 and her death certificate is annexed to the petition as Exhibit - "E". Testator died leaving behind his ......2
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- 2 - TP/4103/2024 only daughter namely Neeta Naraindas Tekchandani - petitioner herein and had no son. The petitioner affirmed that there are no other legal heirs of the testator other than mentioned in para Nos. 8 and 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 20.09.2024. Notice to collector has been sent.
7. The petitioner has filed the Affidavit of Manish Israni dated 26.04.2024, 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 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. 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 I hereto annexed and marked Exhibit - "C" all the properties 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's hands. So far as the petitioner has been able to ascertain or is aware that the said deceased left no other movable and immovable ......3
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- 3 - TP/4103/2024 properties other than those specified in Schedule - I annexed thereto".
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.
9. Petitioner has executed the Administration Bond dated 24.09.2024, in the prescribed format. Hence, following order:
ORDER
1) Petition is granted.
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.
04.10.2024 FIRST ASSISTANT MASTER