Bombay High CourtTP/6088/2025grant issued

Krishna Pandit Kamble v. Shantabai Shantaram Kamble Deceased

2026-03-24Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

2 108.TP/6088/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 24th March 2026 FOR COMPLIANCE:

108. TP/6088/2025 [Original] (AMH20230021952C20250 ) ) ) Mr. Ramesh Gupta, Ld. Advocate for the 0033) Petitioner.

with WILL/2297/2025 P.C.:

1) Petitioner, namely Krishna Pandit Kamble, filed this petition for grant of Letters of Administration with Will Annexed, being the sole legatee under the Will executed by Shantabai Shantaram Kamble (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 Mumbai on 19.11.2016. 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 official translation 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) No executor has been appointed under the Will. The petitioner is the Sole legatee under the Will.

Hence, the petition is tenable. 5) Petitioner stated that the deceased left behind her last Will and Testament, which was duly executed at Kalyan on 25.03.2014, in Marathi language. Its official translation is filed on the record. 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 petitioner submits that the Testatrix is survived by Suresh Shantaram Kamble, Pandit Shantaram Kamble and Tulshiram Shantaram Kamble, as her legal heirs, whose details are given in the petition's paragraph No.08, as per the provisions of Sec. 15(1)(a) of the Hindu Succession Act, 1956. It is stated that one son, namely Prakas died bachelor. Other son, namely Dnyaneshwar Shantaram Kamble, predeceased the deceased on 24.04.

1998 and he died issueless. 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.

2 108.TP/6088/2025 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 petitioner has filed the affidavit of Sandeep Krishna Pagare, 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 testatrix 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 him contents of the Will were read over to the testatrix before affixing the thumb impression on 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. 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.

24th March 2026 Officer on Special Duty, with Testamentary Department