Nitin Tiwari Son Of Ram Kumar Tiwari v. Ram Kumar Tiwari Son Of Atmaram Tiwari (Deceased)

Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 01st April, 2025 FOR COMPLIANCE:

77. TP/4781/2024 (AMH20230025007C P. C. : Shri. Manoj Mane i/b Sharmila Pawar Ld. Advocate for the Petitioner 202400002) with WILL/1896/2024 1) This petition is filed by petitioner, being one of the beneficiaries under the Will executed by RAM KUMAR TIWARl SON OF ATMARAM TIWARI (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 Gwalior on 08-12-2023 Petitioner, namely NITIN TIWARl SON OF RAM KUMAR TIWARI, filed the copy of death certificate, identity proof of the testator, Will along with its English translation, petitioner's oath.

2) Perused petition. Heard Ld. Advocate for petitioner. Perused documents.

3) No executor has been appointed under the Will. The petitioner is the one of the beneficiaries under the Will. Hence, petition is tenable.

4) Petitioner stated that the deceased left behind his/her last Will and codicil and Testament which was duly executed at Gwalior, Madhya Pradesh on Certified copy of the Will dated 16.11.2022, in Hindi language. 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 Certified copy of the 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. The petitioner affirmed that there are no other legal heirs of the deceased. Legal heirs of the testator have consented to the petition and thereby waived the service of Citation.

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 VAIBHAV DAIPURIA SON OF SANJAY DAIPURIA, 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.

8) Properties mentioned in the schedule-I of the petition are referred in the Will.

9) Other legatees, namely Preeti, Prashant, and Niti, have given consents to grant Letters of Administration to petitioner.

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, upon satisfaction that the administration Bond is properly executed, as per the Rules, 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.

01st April, 2025 Officer on Special Duty, with Testamentary Department