Amit Surendra Mittal v. Sharada Surendra Mittal (Deceased)

87.TP/4856/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 09th December, 2024 FOR COMPLIANCE:

87. TP/4856/2024 (AMH2024013194 P.C.: Ms. Swati S. Mathkar i/b Shirish Mathkar Ld. Advocate for the Petitioner 9C202400007) with Will/1927/2024

1) This petition is filed by petitioner, being one of the beneficiaries under the Will executed by Sharada Surendra Mittal alias Sharda Surendra Mittal alias Sharada Surendrakumar Mittal alias S.S. Mittal alias Sharada S Mittal (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 04-08-2024 Petitioner, namely Amit Surendra Mittal, 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 to execute the Will. Hence, the petitioner is the one of the legatee under the Will. Hence, petition is tenable.

4) Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Mumbai on 17.03.2024, 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 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.

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

87.TP/4856/2024 "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 affidavits of Mehul Vardhaman Motta; (2) Dipesh Mulji Shah, both the 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 Kalyani Shenoy, Poonam Mittal, except petitioner, have given consent to grant Letters of Administration to petitioner.

10)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