Asha Rochu Manglani Issa v. Rochu Bhughromal Manglani
1 115.TP/4172/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 26th November, 2025 FOR COMPLIANCE:
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115. TP/4172/2025 (AMH20230031811C202400008) with WILL/1826/2025 Shri. Jayesh Kotadiya i/b Sandhya Yadav Ld. Advocate for the Petitioner P.C.:
1) Petitioner, namely Dick Mody being constituted attorney of sha Rochu Manglani Issa & Indra Rochu Manglani Chatani, filed this petition. Said sha Rochu Manglani Issa & Indra Rochu Manglani Chatani, are executor and beneficiaries under the Will executed by Rochu Bhughromal Manglani (herein after the same is referred to as "Testator"), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at Jamaica on 23-09-2021.
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) The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short "Rules"). 4) Executors, namely sha Rochu Manglani Issa & Indra Rochu Manglani Chatani, have executed a power of attorney in favour of the petitioner to seek letters of Administration with Will Annexed vide sec. 241 of the Indian Succession Act, 1925, along with Rule 385 of the Bombay High Court (Original Side) Rule, 1980. Hence, the petition is tenable. 5) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Ocho Rios on 02.10.2020, in English language. The 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. 6) Ld. The advocate for the petitioner submits that the testator is survived by legal heirs, whose details are given in the petition's paragraph No. 08, as per the provisions of the Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition.
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
2 115.TP/4172/2025 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 petitioner has filed the affidavit of Richard Donaldson & Claudette Mclean attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. They deposed that deceased signed the Testament in their presence. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will. 9) Properties mentioned in the schedule-I of the petition are referred in the Will.
10) Petitioner has executed the administration Bond in the prescribed format. Hence, following order:
ORDER
1) Petition is granted.
2) Office to issue Limited Letters of Administration with Will annexed to the petitioner, as per the Rules, having effect throughout the State of Maharashtra vide Sec. 241 read with Sec. 242 of the Indian Succession Act, 1925 (for short "IS Act").
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.
26th November, 2025 Officer on Special Duty, with Testamentary Department