Jyoti Maitreyi Sagar v. Chitra Gyan Chand Okah (Deceased)

Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 22nd July, 2025 FOR COMPLIANCE:

115. TP/1094/2025 (AMH20240128848C 202500006) P. C. : Ms. Megha Chobadia i/b Mehta & Girdarilal Ld. Advocate for the Petitioner 1) This petition is filed by petitioner, being sole executor under the authenticated copy of the Will executed by Chitra Gyan Chand Okah (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 Pune on 26.12.2020. Petitioner, namely Ajit Jude Ireaneus Lobo being Constituted Attorney of Jyoti Maitreyi Sagar, 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. Ld. Advocate for the petitioner moved a praecipe stating all the legal heirs of the deceased as per the law.

3) The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short "Rules"). 4) The Will is Probated at the High Court of Justice England and Wales at Harlow. The petitioner is the Executor of probated Will. The petitioner being Constituted Attorney of the Executor namely Jyoti Sagar has filed the Petition. Hence, vide Sec. 228 of the IS Act, the petition is tenable.

5) Petitioner stated that the deceased left behind her last Will and Testament which was duly Probated vide and order of High Court of Justice England and Wales, granted on 28.02.2025, 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. Advocate for petitioner submits that Testatrix is survived by legal heirs, whose details are given in the praecipe dated 22.07.2025, as per the provisions of Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased, except mentioned in the praecipe. Legal heirs of the testatrix namely

(1) Anjalika Sagar, (2) Shanta Samantha Gyan Chand and (3) Keki Nariman Maloo 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) 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 Limited Letters of Administration with authenticated copy of the Will annexed to the petitioner until executor apply for Probate of the Will or as the case may be, as per the Rules, 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.

22nd July, 2025 Officer on Special Duty, with Testamentary Department