Kunda Madhukar Devare v. Madhukar Vishwasrao Devare Alias Madukar Vishwasrao Devare
1 127.TP/3187/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 06th October, 2025 FOR COMPLIANCE:
127. TP/3187/2025 (AMH20250005772C2 02500002) with WILL/1220/2025 P. C. : Shri. Sahil Salunkhe i/b Poonam Chavan Ld. Advocate for the Petitioner 1) This petition is filed by the petitioner, being the sole beneficiary under the Will executed by Madhukar Vishwasrao Devare alias Madukar Vishwasrao Devare alias Devare Madhukar (herein after the same is referred to as "Testator"), for the grant of a Letters of Administration with Will annexed. Said Testator said to have died at Mumbai on 31/08/2012.
Petitioner, namely KUNDA MADHUKAR DEVARE, filed the copy of death certificate, an identity proof of the testator, Will and petitioner's oath. 2) Perused petition. Heard Ld. Advocate for the 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) 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 19.10.2005, in Marathi language. In view of the Order of the Hon'ble Court passed in the TP No. 1263/2023, the Ld. The advocate for the petitioner has filed an affidavit stating that the translation of the Will is a true translation as per the contents of the Original Will. 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. The advocate for the petitioner
2 127.TP/3187/2025 submits that the testator is survived by legal heirs, whose details are given in the petition's paragraph No. 08, as per the provisions of Hindu Succession Act, 1956. 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. 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 VINOD KUMAR SODHI, 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. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will.
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
3 127.TP/3187/2025 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.
06th October, 2025 Officer on Special Duty, with Testamentary Department