Vanamali Govind Oak v. Govind Pandurang Oke Alias Govind Pandurang Oak
2 117.TP/3532/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 03rd February, 2026 FOR COMPLIANCE:
117. TP/3532/2025 (AMH20240126891C202500019) with WILL/1348/2025 ) ) ) ) Shri. Saurabh Oka Ld. Advocate for the Petitioner P.C.:
1.
Petitioner, namely Vanamali Govind Oak, filed this petition for grant of Letters of Administration with Will Annexed, being the one of the legatees under the Will executed by Govind Pandurang Oke alias Govind Pandurang Oak (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 Mumbai on 05-02-2021.
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, along with its official translation & 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 one of the beneficiary 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 03.08.2017, in Marathi language. Its official translation is filed on the record. 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. Advocate for the petitioner submits that the Testatrix is survived by Petitioner and his widow-Jayshree, Son -Vasant Oak and daughter-Varsha Desai as his legal heirs, whose details are given in the petition's paragraph No. 07, as per the provisions of the 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, except Vasant Govind Oke, have consented to the petition and thereby waived the service of Citation.
7.
Citation to non-consenting legal heirs of the deceased, namely Vasant Govind Oke, was issued and sent through Registered Post. Same has been served upon him on 11.09.2025, at the address mentioned in the petition. Such affidavit is filed by bailiff of the office of the sheriff, as per BHC Rules. However, nonconsenting legal heir did not resist the petition. 8.
Citation to all Concern was issued and same has been duly affixed on the
2 117.TP/3532/2025 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. 9.
The petitioner has filed the affidavit of Baliram Raoji More 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 and the testator was in sound state of mind at the time of execution of the Will. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will.
10.
Properties mentioned in the schedule-I of the petition are referred in the Will.
11.
Other legatee, namely Varsha Desai has given the consent to petition to grant Letters of Administration to petitioner. 12.
Other legatee, namely Vasant Govind Oke, was served but absent in the proceeding. Hence, petitioner was directed to justify the surety to the Administration Bond for the legacy payable to him, vide Rule 422 of the Bombay High Court (OS)Rules, 1980. Upon mentioning the petition by the Ld. Advocate for the petitioner, the Hon'ble Court is pleased to dispensed with the said requisition vide an order dated 05.01.2026.
13.
As per the provision, made in Will's Page No. 3, regarding the donation to appropriate societies, the petitioner has filed an affidavit affirmed on 21.01.2026 informed that he will donate the amount to ""Shree Gurudev Dhyan Mandir Trust". The petitioner has served the copy of the Will to the office of the Charity Commissioner vide Sec. 53 of the Maharashtra Public Trust Act, 1950. 14.
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.
03rd February, 2026 Officer on Special Duty, with Testamentary Department