Decided on September 26,2017

Surendra T Malik Appellant
Neha V Malik And Others Respondents


R. G. Ketkar, J. - (1.) Heard Ms. Sarkhot, learned Counsel for the plaintiff and Mr. Bhat, learned Counsel for defendants at length.
(2.) The plaintiff has instituted Petition No.175 of 1999 for the grant of Letters of Administration with the Will annexed to the property and credits of Smt Shobhana Tukaram Malik (for short "deceased") inter alia contending that the deceased had died at Mumbai on or about 02.11.1998. The deceased had a fixed place of abode at Sainath Vijay Nagar, 1st floor, 91, R.H.B. Road, Mulund (W), Mumbai 400 080 and had left the property within Greater Mumbai in the State of Maharashtra. The deceased had left a writing, which is her last Will and Testament. The Will was duly executed at Mumbai on 28.08.1998. The plaintiff is a sole legatee named in the Will of the deceased. The plaintiff has set forth in Schedule I, all the property and credits which the deceased possessed of or entitled to at the time of her death. It is further contended that so far as the plaintiff is aware of or is able to ascertain, there are no other properties and credits other than what is specified in Schedule I annexed to the petition. The deceased had left her surviving as her only heirs and next-of-kins according to Hindu Succession Act, 1956, the following persons, who are residing at the addresses set out against their respective names: JUDGEMENT_226_LAWS(BOM)9_2017_1.html
(3.) Plaintiff, therefore, prayed for issuing Letters of Administration with the said Will annexed to him having effect throughout Maharashtra State. Along with the Petition, plaintiff annexed supporting affidavit of Sakharam Mhatarba Shelke, one of the attesting witnesses dated 02.02.1999. In paragraph 1 of the affidavit, it is stated that he knew and was well acquainted with the deceased. On 28.08.1998, he was present along with Y. G. Chaudhari (another attesting witness) at the place of the deceased and they did then and there see the deceased set and subscribe her thumb impression at the foot of the testamentary paper in Marathi language and character. Thereupon, he and Y. G. Chaudhari did, at the request of the deceased and in her presence and in the presence of each other all being present at the same time, set and subscribe their respective names and signatures at the foot of the said testamentary paper as witnesses thereto. In paragraph 5, it is stated that thumb impression of the deceased appearing at the foot of pages 1 and 2 of the Will did exist before the execution of the Will.;

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