HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE MILIND N. JADHAV
ATUL NARSHIDAS KOTHARI – Appellant
Versus
GODAVARIBAI RATASHI KOTHARI ALIAS THAKKAR (DECEASED) – Respondent
TP/1882/2025
2025:BHC-OS:22035 HARSH ADA H. SAWANT (P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO.1882 OF 2025 Godavaribai Ratanshi Kothari alias Thakkar .. Deceased Atul Narshidas Kothari .. Petitioner .................…
Mr. Mahek Kamdar a/w. Deshna Gala, Advocates i/by Kanga & Co.
for Petitioner.
...................
CORAM : MILIND N. JADHAV, J.
DATE : NOVEMBER 20, 2025 P.C . :
1. Not on Board. Mentioned by way of filing praecipe dated
20.11.2025. Perused the praecipe.
2. Heard Mr. Kamdar, learned Advocate for Petitioner.
3. In view of the objection raised in the requisition dated 12.11.2025, Mr. Kamdar has placed Schedule for amendment to amend paragraph No.8 and add paragraph No.8(A) to the Petition.
4. The said amendment is permitted to be carried out by Department within a period of one week from today. Reverification stands dispensed with. Appropriate amendment shall be uploaded and e-filed also.
5. The Petitioner also undertakes to place on record the official and accurate translation of Will.
6. Present Testamentary Petition is filed by Petitioner for issuance of Letters of Administration under Section 276 of the Indian Succession Act, 1925 in respect of the properties and credits of deceased Godavaribai Ratanshi Kothari alias Thakkar. The names and details of legal heirs of the deceased are stated in amended paragraph No.8 of the Petition. Purpose for filing the present Petition is stated in paragraph Nos.6 and 7 of the Petition. I have perused the same.
7. In view of the fact that all legal heirs have consented including those whose names have been granted by today’s amendment order which are all appended to the Petition, there can be no impediment in allowing the Petition. Testamentary Petition is allowed and disposed of in terms of paragraph No.10 which reads thus:-
“(10) The Petitioner prays that letters of administration with the said Will annexed may be granted to him as the legatee of the said deceased having effect throughout the State of Maharashtra.”
8. Consent Affidavits of all legal heirs mentioned in amended paragraph No.8 are required to be produced on record and appended to the Petition accordingly for purpose of issuing Grant. The same shall be done within a period of one week from amendment to the Petition. Department is directed to issue the Letters of Administration as directed above within a period of 3 weeks thereafter positively.
9. Testamentary Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.
[ MILIND N. JADHAV, J. ]
H. H. SAWANT Digitally signed by HARSHADA HARSHADA HANUMANT HANUMANT SAWANT SAWANT Date:
2025.11.24
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