Bharti Rakesh Khemani v. Late Rakesh Murlidhar Khemani

1 54.TP/5891/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 29th January 2026 FOR COMPLIANCE:

54. TP/5891/2025 ) ) ) Ms. Sapna Parihar Ld. Advocate for the Petitioner (AMH20230052569C2025000 28) P.C.:

1) Petitioner, namely BHARTI RAKESH KHEMANI, has applied for the grant of Letters of Administration, under the provisions of the Indian Succession Act, 1925 (for short "IS Act"), for the properties left by the deceased, namely RAKESH MURLIDHAR KHEMANI (For short "Said deceased").

2) I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate of the deceased, an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

3) Said deceased died as a Married on 27-03-2025 at Nashik leaving behind him legal heir/s, shown in the paragraph No. 4 of the petition. Petitioner states that there are no other legal heirs to the deceased, except heirs shown in the petition. The deceased left properties shown in Schedule I of the petition.

4) Office issued Citation to all concern and same has been affixed on the Notice Board 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"). An affidavit to that effect has been filed. Notice to the collector has been issued vide Rule 396 of the BHC Rules. Till today, no one has appeared to resist the claim of the petitioner, nor has anything been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as an uncontested one.

5) Legal heirs of the deceased have consented by way of Affidavits to grant the prayer of the petitioner to grant Letters of Administration, without reserving any right. Legal heirs have accepted the facts regarding their relationship, inter se.

6) Two of the minor legal heirs of the deceased has consented through their natural guardian who is also petitioner by way of Affidavit to grant the prayer of the petitioner to grant a Letter of Administration, without reserving any right. The legal

2 54.TP/5891/2025 heir has accepted the facts regarding their relationship, inter se.

7) The petitioner, being the birth parent of the minors, has filed an affidavit. In view of the order passed in the Testamentary Petition No. 1701 of 2017, there is no requisition to justify the share of minor legal heir, namely Divish and Divit as the petitioner is the birth parent of said minor.

8) Petitioner has filed the administration Bond in the prescribed form No. 118 with surety.

9) Ld. Advocate for the petitioner submitted that in view of provisions of the The Hindu Succession Act, 1956, the petitioner, being Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, the petition deserves to be allowed, as prayed for. Hence, following order:

ORDER

1) Petition is allowed and the Letters of Administration be granted to the petitioner for properties, left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925.

2) The petitioner to file an account as undertaken in a Petitioner's Oath within the stipulated period.

3) Before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition is filed. 29th January 2026 Officer on Special Duty, with the Testamentary Department