Deepak Santosh Wadhwani v. Mohini Sadhuram Wadhwani

1 107.TP/6434/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 13th February, 2026 FOR COMPLIANCE:

107. TP/6434/2025 (AMH20250002226C202500004) with WILL/2432/2025 ) ) ) ) Ms. Twinkle Undhe i/b Ramesh Babu Ld.

Advocate for the Petitioner P.C.:

1) Petitioner, namely DEEPAK SANTOSH WADHWANI, filed this petition for grant of Letters of Administration with Will Annexed, being the one of the legatees under the Will executed by MOHINI SADHURAM WADHWANI, (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 01-07-2025.

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 & petitioner's oath.

3) No executor has been appointed under the Will. The petitioner is the one of the beneficiary under the Will. Hence, the petition is tenable. 4) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Mumbai on 25.03.2023, 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 died as a spinster and her parents are predeceased to her. The testatrix is survived by her brother Santosh Wadhwani as her father's legal heir, whose details are given in the petition's paragraph No. 09, as per the provisions of Sec 15(1)(d) 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 heir of the testatrix has consented to the petition and thereby waived the service of Citation.

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. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation

2 107.TP/6434/2025 pertaining to the same properties. Hence, the petition is treated as uncontested one.

7) The petitioner has filed the affidavit of Dr. Satish Shripad Ugrankar, 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 testator 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 legatee, namely Manesh Wadhwani, as per the clause No. 07 of the Will, has given consent to grant Letters of Administration to petitioner. 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.

13th February, 2026 Officer on Special Duty, with Testamentary Department