Bombay High CourtTP/6211/2025grant issued

Baliram Sankar Bugade v. Late Sitabai Ramu Mangle

2026-02-17Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

2 125.TP/6211/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 17th February, 2026 FOR COMPLIANCE:

125.TP/6211/2025 [Original] (AMH20240007201C20250 0017) with WILL/2357/2025 ) ) ) ) ) Ms. Akshata Kadam i/b. Shobhna Waghmare, Ld. Advocate for the Petitioner.

P.C.:

1) Petitioners, namely (1) BALIRAM SANKAR BUGADE & (2) SHEETAL BALIRAM BUGADE, filed this petition for grant of Letters of Administration with Will Annexed, being the legatees under the Will executed by SITABAI RAMU MANGLE (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 Kovade, Kolhapur on 24-07-2015. 2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioners, filed the copy of death certificate, an identity proof of the testator, Will, along with its official translation, 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 petitioners are the Legatees under the Will. Hence, the petition is tenable. 5) Petitioners stated that the deceased left behind her last Will and Testament, which was duly executed at Mumbai on 23.02.2015, 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 petitioners have 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.

6) Ld. Advocate for the petitioners submit that the Testatrix is survived by

(1) Sakhubai Ganapati Jadhav, (2) Tanu Shivaji Powar and (3) |Mangal Shashikant Bugade, as her legal heirs, whose details are given in the petition's paragraph No. 12, 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. 7) Citation to all Concern was issued and same has been duly affixed on

2 125.TP/6211/2025 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 Ramchandra Janoo Gurav 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 all additions and alteration in a Will were existed at the time of execution and contents of the Will were read over to the testatrix before signing the Will. Hence, there is sufficient compliance of the Rule 383 and 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.

17th February, 2026 Officer on Special Duty, with Testamentary Department