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Bombay High CourtTP/2770/2025grant issued

Rajkumar Chetandas Jagasia v. Mohinibai Chetandas Jagasia Alias Mohini Chetandas Jagasia

2025-09-26Shri. A. H. Laddhad(Prothonotary Senior Master)3 pages

Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 26th September, 2025 FOR COMPLIANCE:

105. TP/2770/2025 (AMH20240128378C 202500024) with WILL/1082/2025 P. C. : Ms. Neelima Kirve Ld. Advocate for the Petitioner 1) This petition is filed by petitioner, being one of the beneficiaries under the Will executed by MOHINIBAI CHETANDAS JAGASIA ALIAS MOHINI CHETANDAS JAGASIA (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 Mumbai on 12/01/1999. Petitioner, namely Rajkumar Chetandas Jagasia, filed the copy of death certificate, affidavit for dispensation of an requisition to produce an identity proof of the testator, Will & petitioner's oath.

2) Perused petition. Heard Ld. Advocate for petitioner. Perused documents.

3) The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short "Rules"). 4) The executor, namely Arjun Rupchand Jagasia is reported to have been died on 5th July, 2000 and his death certificate has been filed on the record. The petitioner is the one of the beneficiaries under the Will. Hence, petition is tenable.

5) Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Mumbai on 27th May 1996 and duly registered with the office of the Sub Registrar, Kurla, Mumbai Suburban District as Document No BDR/3/1330 of 1996 on 05.06.1996, 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 petition's paragraph No. 09, 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 petition. Legal heirs of the testatrix 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) The petitioner has filed the affidavit of Gul Nihalchand Jagwani, one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. Witness deposed that deceased signed the Testament in Sindgi language in her 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 her all additions and alteration in a Will were existed at the time of execution and contents of the Will were read over to the testatrix before signing the Will. Hence, there is sufficient compliance of the Rule 383 & 419 of the Rules.

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

10) Other legatees, namely Sundar Chetandas Jagasia, Meena Ramesh Jagasia, Sangeeta Ramesh Jagasia, Navin Ramesh Jagasia, have given consents to grant Letters of Administration

to petitioner.

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

26th September, 2025 Officer on Special Duty, with Testamentary Department