Harish Bhupendra Popat v. Dwarkadas Mukundji Popat (Deceased)

1 101.TP/4277/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 04th December 2025 FOR COMPLIANCE:

101. TP/4277/2025 (AMH20230034996C20250000 ) ) ) ) Shri. Deep V Thakkar Ld. Advocate for the Petitioner 5) with WILL/1666/2025 P.C.:

1) Petitioner, namely Harish Bhupendra Popat, filed this petition, being the one of the legatees under the Will executed by Dwarkadas Mukundji Popat (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 Kalyan, Dist. Thane on 23-04-2011.

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 and 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) The executor, namely Harshad Dwarkadas Popat, has renounced the right to apply for the probate, vide his affidavit produced at Page No. 53 of the petition. Other executor, namely Bhupendra Dwarkadas Popat, is reported to have died on 29.04.2022 and his death certificate has been filed on the record. The petitioner is the one of the 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 109.2008, 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. The advocate for the petitioner submits that the 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 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

2 101.TP/4277/2025 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 Dhyandev Tultararn Pawar 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.

According to him all additions and alteration in a Will were existed at the time of execution and contents of the Will were read over to the testator before signing the Will. Hence, there is sufficient compliance of the Rule 383 and 419 of the Rules. 9) Properties mentioned in the schedule-I of the petition are referred in the Will.

10) Other legatees, namely Neena Bhupendra Popat, Vurnda Bhupendra Popat, Yamini Bhupendra Popat, Nilam Bhupendra Popat Nilam Sanjay Savadia, Harshad Dwarkadas Popat and Shailesh Dwarkadas Popat, have given consent to grant Letters of Administration to petitioner. 11) 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, renouncing the right of the Executor namely Harshad Dwarkadas Popat, 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.

04th December 2025 Officer on Special Duty, with Testamentary Department