Manjiri Venkatesh Kamath v. Vishwanath Laxman Hegde Alias Vishwanath L Hedge (Deceased)

2 83.TP/5242/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 12th February 2025 FOR COMPLIANCE:

83. TP/5242/2024 (AMH20240127611 C202400011) with WILL/2089/2024 P. C. : Shri. Aryaman Ghag i/b LEGASIS PARTNERS Ld. Advocate for the Petitioner 1) This petition is filed by petitioner, being sole under the Will executed by Vishwanath Laxman Hegde alias Vishwanath L. Hegde (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 Thane on 17-12-2019 Petitioner, namely Manjiri Venkatesh Kamath, 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) No executor has been appointed under the Will. The petitioner is the one of the beneficiary under the Will. Hence, petition is tenable.

5) Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Thane on 20.01.2019, 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 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. 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

2 83.TP/5242/2024 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 Dr. Sanjay Sonar, 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.

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

10) The other legatee, namely Sunil Gurudas Kamat, has given his consent by way of affidavit and consented for issuance of the Grant of Letters of Administration as prayed for.

11) The petitioner has filed the Administration Bond in prescribed format as per the Rules. Hence, petition deserves to be granted. 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.

12th February 2025 Officer on Special Duty, with Testamentary Department