Sumitra Yashwant Kotawadekar Alias Sumitra Yashwant Kotavadekar v. Dattaram Kashiram Rasal (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 07th January, 2026 FOR SPEAKING TO THE MINUTES :

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1. TP/1534/2025 (AMH20230020650C202400039) None for the Petitioner P. C. :

1.

Petition suo-moto is listed for speaking to minutes. No one is appeared for the petitioner. Final order has already passed in the petition. However, while preparing the draft and checking it, it appears that facts are incorrectly mentioned, which are not as per the Record. Hence, para no. 5 & 6 of the order dated 28.11.2025, are required to be corrected by addition of factual position and deletion of unnecessary facts. Hence, paragraphs are reproduced as under, with addition and deletions: - "5) Legal heirs of the deceased Minakshi Mahadev Rasal, Omkar Mahadev Rasal & Rupali Mahadev Rasal have not consented by way of Affidavits to grant the prayer of the petitioner to grant Letters of Administration., without reserving any right. Legal heirs have accepted the facts regarding their relationship, inter se.

Mahadeo, a brother of the deceased, who predeceased the deceased on 27.06.2021. He died leaving his widow (Minakshi Mahadev Rasal) and two children, namely Omkar Mahadev Rasal & Rupali Mahadev Rasal. However, they could not be legal heirs of the deceased vide Section 8 and 9 of the Hindu Succession Act, 1956. However, as a caution, the petitioner has issued the citation to these persons. Hence, requisition under Rule 422 of the Bombay High Court (O. S.) Rules, 1980, has not been raised.

6) Petitioner has filed the administration Bond in the prescribed form No. 118 with surety. However, in view of the Order, passed in the TP No.2918/2023, the petitioner, being the sole surviving heir of the deceased, is exempted from furnishing the surety Bond. 2.

Furthermore, in para no. 7 of the capacity of the petitioner is also corrected and read as Sister instead of Widow.

3.

It is made clear that rest of the order dated 28.11.2025 will remain as it is. Corrected order to be uploaded in the CIS.

4.

Removed from the board.

07.01.2026 Officer on Special Duty, with Testamentary Department