Ashwini Sudhir Bhise v. Dr. Pushpalata Kundan Khurana (Deceased)

Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 03rd September, 2025 FOR COMPLIANCE:

55. TP/4676/2024 P. C. : Shri. Praful Pawar i/b Prasad Karande Ld. [Original] (ECHCBM021296620 Advocate for the Petitioner 24) with WILL/1862/2024 1) This petition is filed by petitioner, being one of the beneficiaries under the Will executed by Pushpa Kundan Khurana alias Dr. Pushpalata Kundan Khurana (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 Kulgaon, Badalapur, Dist. Thane on 21/09/2014. Petitioners, namely Ashwini Sudhir Bhise, filed the copy of death certificates, 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) No executor has been appointed under the Will. The petitioner is the one of the beneficiary 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 30.11.2009, 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. Advocate for petitioner submits that Testatrix is survived by legal heirs, whose details are given in the petition's paragraph No. 08, as per the provisions of Hindu Succession Act, 1956. The petitioner states that there is no other legal heirs of the husband of the deceased vide Sec. 15(1)(b) of the Hindu Succession Act, 1956. He

further states that the deceased got this property from her mother and therefore, vide Sec. 15(2) of the Hindu Succession Act, 1956 heirs of father would inherit the property and therefore all heirs are shown as per the said provisions. The petitioner affirmed that there are no other legal heirs of the deceased, except mentioned in the petition. Legal heirs of the testatrix, except Bhalchandra Damodar Thakare, has consented to the petition and thereby waived the service of Citation.

7) Citation to non-consenting legal heirs of the deceased, namely Bhalchandra Damodar Thakare, was issued and it was personally served on 27.01.2025. However, non-consenting legal heir did not resist the petition.

8) 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.

9) The petitioner has filed the affidavit of Deepak Manohar Randive, 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 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.

10) Properties mentioned in the schedule-I of

the petition are referred in the Will.

11) Other legatee, namely Nupura Sudhir Bhise, has given consent to grant Letters of Administration to petitioner.

12) 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, as per the Rules, having effect throughout 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.

03rd September, 2025 Officer on Special Duty, with Testamentary Department