Anand Bhaskar Bhatt v. Bhalchandra Dahyalal Joshi
1 103.TP/2949/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 28th November, 2025 FOR COMPLIANCE:
103. TP/2949/2025 (AMH20210049284C202500001) with WILL/1132/2025 ) ) ) ) Ms. Rajashree Nair Ld. Advocate for the Petitioner P.C.:
1) Petitioner, namely Anand Bhaskar Bhatt, filed this petition, being the sole legatee under the Will executed by Bhalchandra Dahyalal Joshi, (herein after the same is referred to as "Testator"), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at Gujarat on 12-10-2016.
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 & 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 his last Will and Testament, which was duly executed at Mumbai on 14.12.2014, 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. 6) Ld. The advocate for the petitioner submits that the testator 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 deceased died as bachelor.
Deceased sole sister predeceased him, leaving two sons, namely Bhaskar and Bhargav. Bhargav died in 2023 leaving his Widow-Sadhana and son-Siddharth. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition. Legal heirs of the testator 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.
2 103.TP/2949/2025 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 Bhaskar Jayantilal Bhatt, and Sadhana Bhargav Bhatt, attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. They deposed that deceased signed the Testament in their 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 Anand Bhasker Bhatt, 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. 9) Properties mentioned in the schedule-I of the petition are referred in the Will.
10) 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 India. 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.
28th November, 2025 Officer on Special Duty, with Testamentary Department