Mrs. Shilpa Nambiar v. Mrs. Meenakshi Narayanan Nambiar (Deceased)
1 100.TP/4122/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 06th January, 2025 FOR COMPLIANCE:
100. TP/4122/2024 [Original] (ECHCBM020714020 24) P. C. : Shri. Prathmesh Mandhre i/b I V Merchant & Co. Ld. Advocate for the Petitioner with WILL/1626/2024 1) This petition is filed by petitioner, being the beneficiary under the Will executed by Meenakshi Narayan Nambiar (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 10-09-2002 Petitioner, namely Shilpa Nambiar, 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) The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short "Rules"). 4) The executor, namely Shobhana Nambiar is reported to have been died on 24.10.2023 and her death certificate has been filed on the record. The petitioner is the Legal representatives of the Legatee under the Will. Hence, petition is tenable.
5) Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Mumbai on 26.03.1998, in English language. The original Will is handed in separately for being filed and kept
2 100.TP/4122/2024 in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay.
6) 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 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.
7) 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.
8) The attesting witnesses are not available. Hence, The petitioner with the leave of the Hon'ble Court, vide an order dated 06.12.2024 has filed the affidavit of Harikrishna Nambiar as per Rules 384 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 witnesses, after going
3 100.TP/4122/2024 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.
9) Properties mentioned in the schedule-I of the petition are referred in the Will.
10) Other representative of sole legatee, namely Shashi, has given consent to grant Letters of Administration to petitioner.
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, 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.
06th January, 2025 Officer on Special Duty, with Testamentary Department