Shailesh Prabhakar Rau v. Rukmini Prabhakar Rau Deceased
2 113.TP/6198/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 09th February, 2026 FOR COMPLIANCE:
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113. TP/6198/2025 (AMH20240131883C202500020) Ms. Annaporna Seshadri i/b Naryanan and Narayanan Ld. Advocate for the with WILL/2359/2025 Petitioner P.C.:
1) Petitioner, namely SHAILESH PRABHAKAR RAU s/o M.V. Prabhakar Rau @ Prabhakar Rao ) M.V.,, filed this petition for grant of Letters of Administration with Will Annexed, being the one of the legatees under the Will executed by Rukmini Prabhakar Rau @ Rukmini P. Rau w/o M.V. Prabhakar Rau @ Prabhakar Rao M.V., (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 Bengaluru on 25-08-2025. 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 and 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 Bengaluru on 28.11.2024 and registered on 30.11.2024, 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. 5) Ld. Advocate for the petitioner submits that the Testatrix is survived by her sole surviving son-Petitioner, 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.
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.
2 113.TP/6198/2025 pertaining to the same properties. Hence, the petition is treated as uncontested one.
7) The petitioner has filed the affidavit of PARTHASARTHY SONTY ANNAPOORNA one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased signed the Testament 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.
8) Properties mentioned in the schedule-I of the petition are referred in the Will.
9) Other legatees, namely Aditi S. Rau & Amogh S. Rau, have given consents to grant Letters of Administration to petitioner. Petitioner has executed the administration Bond in the prescribed format; however, it is not for the gross amount. Hence, directions are issued in this regard. 10) At this juncture, Ld. Advocate for the petitioner, by way of praecipe, seeks permission to amend the prayer as inadvertently word probate is mentioned therein. Permission granted to amend the prayer, reverification is dispensed with. 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 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.
4) The petitioner to correct the amount in the administration bond so as to make it for the gross amount and re-upload the same. Furthermore, corrections must be initialed by the petitioner, surety and notary. 5) The petitioner to amend the prayer within period of 14 days, reverification is dispensed with and upload the amended petition, within period 05 days from the date of amendment.
09th February, 2026 Officer on Special Duty, with Testamentary Department