Jaya Ranjit Row v. Murli Ramarow Hosangady

2 98.TP/5929/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 30th January 2026 FOR COMPLIANCE:

98. TP/5929/2025 (AMH20240131913C20250001 1) with WILL/1967/2025 ) ) ) ) Ms. Chhaya Parab i/b Shah and Sanghvi Ld.

Advocate for the Petitioner P.C.:

1) Petitioners, namely (1) Jaya Ranjit Row, (2) Kishore Murli Hosangady &

(3) Naresh Murli Hosangady, filed this petition for grant of Letters of Administration with Will Annexed, being the legatees under the Joint Will executed by (1) Murli Ramarow Hosangady and (2) Shakunta1a Mur1i Hosangady (herein after the same is referred to as "Testator and Testatrix, Respectively"), for the grant of a Letters of Administration with Will annexed. The Said Testator died on 11.03.2013 and Testatrix is said to have died 13.03.2025. Both are died at Mumbai.

2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioners, filed the copy of death certificates, 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 executor, namely Raju Dengra has relinquished executorship by filing an affidavit at Ex. D/at page No. 37 of the petition. The petitioners are the Legatees under the Will. Hence, the petition is tenable. 5) Petitioners stated that the Testator and Testatrix left behind them their last joint Will and Testament, which was duly executed at Mumbai on 12.03.2012, 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.

6) Ld. Advocate for the petitioners submit that the testator is survived by petitioners and widow of Gourish Hosangady (Patwardhan Manjiri Vilas) as their legal heirs, whose details are given in the petition's paragraph No. 13, as per the provisions of the Hindu Succession Act, 1956 (for short "HS Act"). Whereas, the testatrix was survived by petitioners vide Sec. 15(1)(a) of HS Act. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition. Legal heir of the testator has consented to the petition and thereby waived the service of Citation.

2 98.TP/5929/2025 7) 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 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 petitioners have filed the affidavit of Subhash Kanu Pawar one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that both the deceased signed the Testament in his presence and the testator & testatrix were 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.

9) Properties mentioned in the schedule-I of the petition are referred in the Will. 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, renouncing the right of the Executor namely Raju Dengra, 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.

30th January 2026 Officer on Special Duty, with Testamentary Department