Manish Popatbhai Patel v. Ambaben Narayanbhai Patel (Deceased)

Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 30th September, 2025 FOR COMPLIANCE:

84. TP/3344/2025 (AMH20230019553C20 2500018) with WILL/1281/2025 P. C. : Ms. Avishka Jadhav i/b nankani & Associates Ld. Advocate for the Petitioner 1) This petition is filed by petitioner, being sole beneficiary under the Will executed by Ambaben Narayanbhai Patel (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 13/11/2014. Petitioner, namely Manish Popatbhai Patel, filed the copy of death certificate, 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) No executor has been appointed under the Will. The petitioner is the One of the legatee 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 11.08.2014, 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. 10, as per the provisions of the 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 affidavits of Anand Popatlal Rathod & Umeshbhai Hiralal Aliwala, 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 Gujarati language 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 them contents of the Will were read over to the testatrix before signing the Will. Hence, there is sufficient compliance of the Rule 419 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; However, it is required to be corrected with respect to the amount mentioned therein and accordingly, the directions is required to be givn, in this regard. 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.

4) The petitioner to upload the administration Bond with Gross amount within 07 days from the date of uploading this order, if the petition is pending.

30th September, 2025 Officer on Special Duty, with Testamentary Department