Haresh Arjan Gidwani v. Kamla Gidwani Alias Kamla Arjan Gidwani

1 99.TP/5042/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 09th December 2025 FOR COMPLIANCE:

99. TP/5042/2025 (AMH20240128529C202500124) with WILL/1952/2025 ) ) ) ) Ms. Bhakti Patil i/b Prabhu Velar Ld.

Advocate for the Petitioner P.C.:

1) Petitioners, namely 1) Haresh Arjan Gidwani & 2) Sunil Arjan Gidwani, filed this petition, being the legatees under the Will executed by Kamla Gidwani alias Karola Arjan Gidwani alias Kamla Arjandas Gidwani alias Kamla A. Gidwani (herein after the same is referred to as "Testatrix"), for the grant of a Letters of Administration with Will annexed. The Said Testatrix said to have died at Mumbai on 08-06-2017.

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 executors, namely (1) Bhagwan Isardas Gidwani & (2) Sarla Bhagwandas Gidwani, are reported to have died on 12.04.2019 & 25.11.2023 and their death certificates are produced at (Ex.C & C-1). The petitioners are the Legatees under the Will. Hence, the petition is tenable. 5) Petitioner stated that the deceased left behind her last Will and Testament, which was duly executed at Mumbai on Undated however, according to the attesting witness the said will is executed on 15.10.2008, 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 Testatrix is survived by legal heirs, whose details are given in the petition's paragraph No. 08, 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 heir of the testatrix has 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 99.TP/5042/2025 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 Meena Dialmal Sujan, one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. She deposed that deceased signed the Testament in her 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) Other legatee, namely Sonu Murjani, has given consent to grant Letters of Administration to petitioner. Petitioners have 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.

09th December 2025 Officer on Special Duty, with Testamentary Department