Anil Gangaram Singh Alias Anil Gangaram Jaganath Singh v. Annapoorani Guruyyan Naidu (Deceased)

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 15th October, 2025 FOR COMPLIANCE:

122. TP/1462/2025 (AMH20210051528C 202500002) with WILL/592/2025 P. C. : Shri. Sanjay Dhadam Ld. Advocate for the Petitioner 1) Petitioner, namely Annapoorani Guruyyan Naidu, filed this petition, being the sole beneficiary under the Will executed by Annapoorani Guruyyan Naidu (herein after the same is referred to as "Testatrix"), for the grant of a Letters of Administration with Will annexed. The Said Testatrix said to have died at Mumbai on 24-03-2024.

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) 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 Sole 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 30.11.2023, 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 not survived by legal heirs from her husband and parents' side, as per the provisions of the Hindu Succession Act,1956. He stated that till the death of the deceased, she was residing with him and no relative of her to come forward to take her care, even at the time

of her death no relative had come forward.

7) Hence, the petitioner published the all concern Citation in daily newspaper by takeing out Chamber Order, having No.CHOL/350/2025.

Accordingly, the citation is published in two newspapers, namely Dinkaran and Free press Journal. Accordingly, affidavit of service has been filed by the Ld. Advocate for the petitioner regarding service vide Rule 400 of the Rules. However, no person claiming to be legal heirs of the deceased came forward to resist the petition. 8) 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.

9) The petitioner has filed the affidavit of SHAILENDRA UMASHANKAR SHUKLA, 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 his presence. 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.

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

11) Petitioner has executed the administration Bond in the prescribed format. Ld. Advocate for

the Petitioner submitted that Surety to the administration bond is 25 years old and currently she is appearing for L. L. B. final year examination. 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 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.

15th October, 2025 Officer on Special Duty, with Testamentary Department