Sulabha Dattaram Patil Alias Sulbha Dattaram Patil v. Dattaram Harishchandra Patil Alias Dattaram Harishchandra Patil (Deceased)

1 86.TP/4855/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 09th December, 2024 FOR COMPLIANCE:

86. TP/4855/2024 P. C. : Shri. Anand Tiwari Ld. Advocate for the Petitioner [Original] (ECHCBM0215131

1) This petition is filed by petitioner, being sole beneficiaries under the Will executed by Dattaram Harishchandra Patil alias Dattaram Harishchandra Patil Son of Late Harishchandra Patil (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 Mumbai on 07-03-2023 Petitioner, namely Sulabha Dattaram Patil alias Sulbha Dattaram Patil, 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) No executor is appointed under the Will. Hence, the petitioner is the sole Legatee under the Will. Hence, petition is tenable.

4) Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Original on 16.05.2017, in English language. 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. Legal heirs of the testator 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.

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 2024) with WILL/1926/2024

2 86.TP/4855/2024 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 Ramesh Baburao Sawant, 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. According to him contents was read over and explained to the testator before the execution and before singing the Will. Hence, there is sufficient compliance of the Rule 419 of the Rules.

8) Properties mentioned in the schedule-I of the petition are referred in the Will as well as in residuals clause of the Will.

9) P etitioner 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.

09th December, 2024 Officer on Special Duty, with Testamentary Department