Kamal Ashok Vasandani v. Kavita Ashok Vasandani
1 99.TP/5503/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 09th January 2026 FOR COMPLIANCE:
99. TP/5503/2025 (AMH20230044338C202500008) (De-Bonis-Non) ) ) ) Shri. Jayant Wani i/b Simran Jumani Ld.
Advocate for the Petitioner P.C.:
1) Petitioner, namely Kamal Ashok Vasandani, filed this petition, being the sole legatee under the Will executed by Kavita Ashok Vasandani (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 Dubai, UAE on 05.11.2023, as a married.
2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioner, filed the copy of death certificate, an identity proof of the testator, copy of the Will and petitioner's oath. 3) The executor, namely Ashok Chetandas Vasandani, had obtained the Probate vide an order in the probate petition, having TP No.4454/2024. However, before administration of the properties, he died on 22.11.2024. Hence, the petitioner being the representative of the sole legatee, namely Ashok Chetandas Vasandani, under the Will the petition is maintainable vide Sec. 257 of the IS Act.
4) Petitioner stated that the deceased left behind her last Will and Testament, which was duly executed at Mumbai on 04.12.2013, in English language. The Will is already handed over separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay, in the process of the TP No. 4454/2024. 5) Ld. Advocate for the petitioner submits that the Testatrix 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. It is stated that the mother of the since deceased husband was predeceased the deceased. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition.
6) Citation to all Concern was issued and same 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
2 99.TP/5503/2025 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 Will is already Proved. The Properties mentioned in the schedule-I of the petition are referred in the Will. 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 (DeBonis-Non) to the petitioner, as per the Rules, having effect throughout India. 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 January 2026 Officer on Special Duty, with Testamentary Department