Anish Varghese v. Leelamma P Varghese

2 107.TP/3071/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 26th September, 2025 FOR COMPLIANCE:

107. TP/3071/2025 (AMH20230016066C 202500009) with WILL/1179/2025 P. C. : Ms. Ruchi Shrivastava i/b Vaishnavi Kamble Ld. Advocate for the Petitioner 1) This petition is filed by petitioners, being the beneficiaries under the Will executed by Leelamma P. Varghese alias Leelamma Varghese (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 11/09/2024.

Petitioners, namely (1) Anish Varghese & (2) Suja Sam, filed the copy of death certificates, identity proof of the testator, Will & petitioner's oath. 2) Perused petition. Heard Ld. Advocate for petitioner. Perused documents.

3) No executor has been appointed under the Will. The petitioners are the Beneficiaries under the Will. Hence, petition is tenable.

4) Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Mumbai on 03.06.2022, 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.

5) 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 the Indian Succession Act, 1925. 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.

6) Citation was issued, which has been duly

2 107.TP/3071/2025 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.

7) The petitioners have filed the affidavits of Samuel Cheriyan & Pauline Anish 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.

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

9) Petitioners have 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 petitioners, 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