Bombay High CourtTP/2578/2025grant issued

Kanchan Ganatra v. Rajkumari Asrani

2026-01-19Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

1 91.TP/2578/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 19th January 2026 FOR COMPLIANCE:

91. TP/2578/2025 (AMH20240128752C202500005) with WILL/988/2025 ) ) ) ) Ms. Himanshi Choudhary i/b I C Legal Ld.

Advocate for the Petitioner P.C.:

1) Petitioner, namely Kanchan Ganatra being the constituted Attorney of Sonali Veggia, has applied for grant of Letters of administration with Will annexed on the basis of the Will stated to be executed by Rajkumari Kumar Asrani alias Rajkumari Rajendrakumar Asrani alias Rajkumari Kumar Nagpal alias Rajkumari Asrani alias Rajkumari Rajenderkumar Asrani (herein after the same is referred to as "Testatrix"), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at San Jose, United State, USA on 08.10.2023.

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. The 3) The executor, namely Kumar Lachhmansaroop Asrani @ Kumar Lachmanswaroop Asrani is reported to have died on 19.10.2011 (Exh.-E) and his death certificate has been filed on the record. The petitioner is the constituted attorney of Sonali Veggia, a sole surviving Executor appointed under the Will of the deceased. The Petitioner has produced the copy of power of attorney at Exh-F. Hence, the petition is tenable vide Sec. 241 and 242 of the IS Act.

4) Petitioner stated that the deceased left behind his last Will and codicil and Testament, which was duly executed at Mumbai on 06.09.2010, in English language. The Will is handed over separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay. 5) Ld. Advocate for the petitioner submits that the testatrix is survived by Sonali Veggia and Anjali Asrani, as his legal heirs, whose details are given in the petition's paragraph No. 11, as per the provisions of Hindu Succession Act, 1956. Husband of the deceased is predeceased to her. 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 to all Concern was issued and same has been duly affixed on

2 91.TP/2578/2025 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.

7) The petitioner has filed the affidavit of Asha Sood 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 and testatrix was in sound state of mind at the time of execution of the Will. 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.

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

9) Other legatee, namely Anjali Kumar Asrani, has given consent to grant Letters of Administration to petitioner.

10) 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 Will annexed to the petitioner vide Sec. 241 and 242 of the Indian Succession Act, 1925 (for short "IS Act") 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.

19th January 2026 Officer on Special Duty, with Testamentary Department