Anil Kumar Shrivastava v. Late Nand Kishore Shrivastava

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

86. TP/3407/2025 (AMH20240131660C 202500003) with WILL/1309/2025 P. C. : Ms. Kinjal Shah Ld. Advocate for the Petitioner 1) This petition is filed by petitioner, being one of the beneficiaries under the Will executed by NAND KISHOR SHRIVASTAVA alias NAND KISHORE SHRIVASTAVA alias SRIVASTAVA alias N. K. SHRIVASTAVA alias NAND KISHOR SRIVASTAVA (herein after the same is referred to as "Testator"), for grant of a Letters of Administration with Will annexed. Said Testator said to have died at Jhanshi, Uttar Pradesh on 29/07/2024. Petitioner, namely ANIL KUMAR SHRIV ASTAVA S/o Nandkishore Shrivastava, filed the copy of death certificate, identity proof of the testator, Will along with its official translation, petitioner's oath.

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

3) No executor has been appointed under the Will. The petitioner is the one of the legatee under the Will. Hence, petition is tenable.

4) Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Gwalior, Madhya Pradesh on 29.11.2013, in Hindi language. Its official translation is filed on the record. Copy there is tendered. 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 testator is survived by legal heirs, whose details are given in the petition's paragraph No. 09, 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 testator have consented to the petition and thereby waived the service of Citation.

6) 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.

7) The petitioner has filed the affidavit of Abhay Shrivastava s/o Nandkumar Shrivastava, 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 dated 29.11.2013. By this will's paragraph No. 5(Page No.5), the testator has revoked his earlier Will executed in year 2008. 8) Properties mentioned in the schedule-I of the petition are referred in the Will.

9) Other legatees, namely Atul Shrivastava, has given consent to grant Letters of Administration to petitioner.

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 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.

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