Vaidyanath Natraj Alias Vaidyanath Natrajan v. Natrajan Kalpathy Vaidyanath Natrajan Alias Kalpathy Natrajan Vaidyanath Alias Natrajan (Deceased)

1 99.TP/5836/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 21th November, 2025 FOR COMPLIANCE:

99. TP/5836/2024 (AMH20240007874C20240000 2) with WILL/2335/2024 ) ) ) ) ) ) Shri. Shrikant M. Aithal Ld. Advocate for the Petitioner JOT/138/2025 P.C.:

1) Petitioner, namely Vaidyanath Natraj alias @ Vaidyanath Natarajan, filed this petition, being the one of the legatee under the Will executed by Natrajan Kalpathy Vaidyanath alias Mr. Kalpathy Vaidyanath Natarajan alias @ Mr. Kalpathy Natarajan Vaidynathan alias @ Mr. Natrajan alias @ Mr, K.V. Natarajan alias @ Mr. Nataraj K V (herein after the same is referred to as "Testator"), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at Mumbai on 11-02-2023. 2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioner, filed the copy of death certificate, an identity proof of the testator, Will and petitioner's oath.

3) No executor has been appointed under the Will. The petitioner is the one of the legatee under the Will. Hence, the petition is tenable. 4) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Mumbai on 07.11.2011, 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. 5) Ld. The advocate for the petitioner submits that the testator is survived by legal heirs, whose details are given in the petition's paragraph No. 05, 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 testator has consented to the petition and thereby waived the service of Citation.

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 "BHC Rules") and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396

2 99.TP/5836/2024 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 affidavit of Vijayalakshmy Malkani, one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased signed the Testament in her presence. 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) 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, as per the Rules, having effect throughout India. 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.

4) Office to return the Key of the locker if any deposited with the Office of Prothonotary and Senior Master as per the directions given in the JOT/138/2025.

21th November, 2025 Officer on Special Duty, with Testamentary Department