Trupti Adesh Malkar v. Late Sunita Pandurang Gurav

1 93.TP/5553/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 12th January 2026 FOR COMPLIANCE:

93. TP/5553/2025 (AMH20230032197C20250009 0) with WILL/2084/2025 ) ) ) ) Ms. Pratiksha Babar i/b Sujata Babar Ld.

Advocate for the Petitioner P.C.:

1) Petitioner, namely TRUPTI ADESH MALKAR, filed this petition, being the sole legatee under the Will executed by SUNITA PANDURANG GURAV (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 Gargoti, Kolhapur on 12-05-2021.

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 translation, 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 her last Will and Testament, which was duly executed at Mumbai on 13.06.2017 registered on 13.06.2017, in Marathi language. In view of the Order of the Hon'ble Court passed in the TP No. 1263/2023, the Ld. The advocate for the petitioner has filed an affidavit stating that the translation of the Will is a true translation as per the contents of the Original Will. 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 Testatrix is survived by Swapnalia Dilip Gurav (Daughter in law) and Neha Gurav (Granddaughter) as her 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 testatrix have consented to the petition and thereby waived the service of Citation.

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

2 93.TP/5553/2025 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.

7) The petitioner has filed the affidavit of Santosh Chandrakant Thotkar one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased affixed her thumb impression in his presence and the deceased 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. According to contents of the Will were read over to the testatrix before signing the Will. Hence, there is sufficient compliance of the Rule 419 of the Rules.

8) 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 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.

4) Petitioner to mention the number of the proceeding in all documents.

12th January 2026 Officer on Special Duty, with Testamentary Department