Ramesh Laxman Jadhav v. Laxman Sitaram Jadhav (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 13th August, 2025 FOR COMPLIANCE :

55. TP/2008/2025 (AMH20240129954C202 500034) P. C. :

Shri. Jayant Wani i/b Lakdawala & Co. Ld. Advocate for the Petitioner 1.

The petitioners, namely (1) Ramesh Laxman Jadhav and (2) Vilas Laxman Jadhav, along with other persons, namely (3) Raju Laxman Jadhav, who died on 29-4-2018, (4) Surekha Mohan Nilzlaje and (5) Ajit Laxman Jadhav vide a Testamentary petition, having No. TP 1621/2012. However, due to the death of Raju, they have applied for issuance of the a grant as De-bonis-Non. 2.

I have gone through the Sec. 259 and 311 of the Indian Succession Act, 1925 (for Short 'IS Act'). 3.

As per Sec. 311 of IS Act, if grant is issued to several executors, in absence of any direction to the contrary, powers of all may be exercised by any of them. Hence, in the present case, the other surviving administrator are able to exercise the power under the said Letters of administration. 4.

Hence, the petitioners to point out the provisions that restrict them from exercising such powers due to the death of Raju Jadhav.

5. S. O. to 21.08.2025 13.08.2025 Officer on Special Duty, with Testamentary Department