Jyutika Baheti A.K.A Jyutika Tryambak Garud v. Sunita Tryambak Garud (Deceased)
Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 25th March 2025 FOR COMPLIANCE:
90. TP/4966/2024 P. C. : Ms. Rhea Mehta i/b Dipal Mehta Ld. Advocate for [Original] (ECHCBM021350420 the Petitioner 24) with WILL/1980/2024 1) This petition is filed by petitioner, being one of the legal representatives of the sole beneficiary under the Will executed by Dr. (Mrs.) Sunita Tryambak Garud (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 21-072018 Petitioner, namely Jyutika Baheti a.k.a Jyutika Tryambak Garud, 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) The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short "Rules"). 4) The executor, namely Dr. Tryambak Vaman Garud is reported to have been died on 27.12.2022 and his death certificate has been filed on the record. The petitioner is the one of the legal representative of the Sole beneficiary under the Will. Hence, petition is tenable vide Sec. 234 of IS Act.
5) Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Mumbai on 30.05.2017, 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.
6) 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. The petitioner affirmed that there are no other legal heirs of the deceased. Legal heirs of the testatrix have consented to the petition and thereby waived the service of Citation.
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 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 Mohit R. Mehta, 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 all additions and alteration in a Will were existed at the time of execution and before singing the Will. Hence, there is sufficient compliance of the Rule 383 of
the Rules.
9) Properties mentioned in the schedule-I of the petition are referred in the Will.
10) Other representatives of the sole legatee, namely Radhika, Trivikaram,, have given consents to grant Letters of Administration to petitioner.
11) 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, 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.
25th March 2025 Officer on Special Duty, with Testamentary Department