Tanay Harish Nagrecha v. Bansari Harish Nagrecha (Deceased)

SLG Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 13th December, 2024 CALLED FOR HEARING :

105. TP/5065/2024 Mr. Prabhu Velar, Ld. Advocate for Petitioner Along with Will No. 2016/2024 P.C. : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is filed by petitioner, being legatee under the Will executed by Bansari Harish Nagrecha (herein after the same is referred to as "Testatrix"), for grant of a Letters of Administration with Will annexed. Said Testator said to have died at Mumbai on 09-09-2020 Petitioner, namely Tanay Harish Nagrecha, filed the copy of death certificate, identity proof of the testator, Will, petitioner's oath.

2. The executor, namely Bhavna Thakkar.

have relinquished her executorship by filing an affidavit at Exhibit - "C". The petitioner is the Legatee under the Will. Hence, petition is tenable.

3. Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Mumbai on 24.06.2010, 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.

4. 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.

5. 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

SLG CONTD...

pertaining to the same properties. Hence, the petition is treated as uncontested one.

105. TP/5065/2024

6. The petitioner has filed the affidavit of Manisha Ishwarlal Mulchandani, one of Attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that she 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.

Along with Will No. 2016/2024

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

8.

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, renouncing the right of the Executor namely Bhavna Thakkar. 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.

13.12.2024 Officer on Special Duty, with Testamentary Department