Ramaben Mahendra Sattawala The Duly Constituted Attorney Of Mrinal Ramesh Sattawala v. Lalitaben Krashnalal Sattawalla Alias Lalita Krashnalal Sattawala (Deceased)
1 86.TP/5544/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 14th October, 2025 FOR COMPLIANCE:
86. TP/5544/2024 [Original] (ECHCBM02129302024) with WILL/2196/2024 ) ) ) ) ) Shri. Manoj Mane Ld. Advocate for the Petitioner P.C.:
1) This petition is filed by the petitioner, being the duly constituted Attorney of Mrinal Ramesh Sattawala, under the Will executed by Lalitaben Krashnalal Sattawala alias Lalita Krashnalal Sattawala alias Lalita Krishnalal Sattawala (herein after the same is referred to as "Testatrix"), for the grant of a Letters of Administration with Will annexed. Said Testatrix said to have died at Mumbai on 12-09-2001. Petitioner filed the copy of death certificate, affidavit for dispensation of a requisition to produce an identity proof of the testator, Will and petitioner's oath.
2) Perused petition. Heard Ld. Advocate for the 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 executors, namely (1) Jyotindra M. Vakil and (2) Arun Jaswantlal, are reported to have died on 27.03.2003 & 22.08.2023, respectively and their death certificates have been filed on the record. The petitioners is the one of the legatee under the Will. Hence, the petition is tenable. 5) Petitioner stated that the deceased left behind her last Will and Testament, which was duly executed at Mumbai on 04.06.1990, in English language. The 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.
The advocate for the petitioner submits that the Testatrix is survived by legal heirs, whose details are given in the petition's paragraph No. 08, as per the provisions of Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition. Legal heir of the testatrix has 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
2 86.TP/5544/2024 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 states that (1) Mr. Arun aswantlal and (2) Mr. Ramniklal Mohanlal Sukhadia, attesting witnesses to the Will died on 22/08/2023 and 18/06/1991 respectively. Hence, the petitioner has filed an affidavit of Nalini Narayana W/o. Garimella Narayana, vide Rule 384 read with Form No.102 of Bombay High Court (Original Side) Rules, 1980.
He deposed that deceased signed the Testament in his presence as well as presence of witnesses. 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 before signing 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. Other representative of the legatee has given the consent to the petition. 10) Petitioner has executed the administration Bond in the prescribed format.
ORDER
1) Petition is granted.
2) Office to issue limited Letters of Administration with Will annexed to the petitioner, as per provisions of Sec. 241 and 242 of the Indian Succession Act, 1925, having effect throughout the 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.
14th October, 2025 Officer on Special Duty, with Testamentary Department