Bombay High CourtTP/5194/2025grant issued

Sachin Prakash Pendkalkar v. Balkrishna Bhikaji Angwalkar

2026-01-05Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

2 109.TP/5194/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 05th January 2026 FOR COMPLIANCE:

109. TP/5194/2025 (AMH20230053325C202500003) with WILL/2006/2025 ) ) ) Shri. B. N. Jadhav Ld. Advocate for the Petitioner P.C.:

1) Petitioner, namely Sachin Prakash Pendkalkar, filed this petition, being the sole legatee under the Will executed by Balkrishna Bhikaji Angolkar alias Angolkar Balkrishna Bhikaji alias Balkrishna Angolkar alias Balkrishna B. Angolkar alias B.B. Angolkar alias Balkrishna Bhikaji Angavalkar alias Angavalkar Balkrishna Bhikaji alias Balkrishna Angavalkar alias Balkrishna B. Angavalkar alias B.B. Angavalkar alias Balkrishna Bhikaji Angwalkar (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 09-12-2012.

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) No executor has been appointed under the Will. The petitioner is the Sole legatee under the Will. Hence, the petition is tenable. 4) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Mumbai on 24.05.2010, in English language. 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. 5) Ld. advocate for the petitioner submits that the testator 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.

6) Citation to non-consenting legal heirs of the deceased, namely Pramila Prakas Pendkalkar nee Sunita Balkrishna Angolkar was issued and sent by Registered Post and same has been delivered to her and office of the sheriff has received an AD Card on 25.11.2025. The Bailiff has produced the Acknowledgement Card, duly signed by the addressee. The petitioner is the son of the non-consenting Legal Heir. Ld. Advocate vide his praeciep dated 18.11.

2 109.TP/5194/2025 consenting Legal heir of the deceased.

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 affidavit of Nikhil Dilip Yadav, one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased affixed his thumb impression 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, contents of the Will were read over to the testator 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. Petitioner has executed the administration Bond in the prescribed format.

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.

05th January 2026 Officer on Special Duty, with Testamentary Department