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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

LETTER OF ADMINISTRATION
PETITION NO. __________OF 2019

Petition for Letter of


Administration with Will of
Tulsidas Odhavji Somaiya
...Deceased

Mr.Vinod Tulsidas Somaiya …Petitioners


INDEX

Sr.
Particulars Pages Nos.
No.
1. A- C
Proforma
2. 1–
Letter of Administration with Will
3. EXHIBIT:-“A”

Copy of Death Certificate of the Deceased


4. EXHIBIT:-“B”

Copy of the Will of Deceased dated 6 th February,


2002
5.

6. Affidavit of Attesting Witness


7. EXHIBIT - “C”

Schedule No. I
8. EXHIBIT - “D”

Schedule No. II
9. Vakalatnama
IN THE HIGH COURT OF JUDICATURE AT BOMBAY

LETTER OF ADMINISTRATION

PETITION NO. __________OF 2019

Petition for Letter of


Administration with Will of
Tulsidas Odhavji Somaiya
....Deceased

Mr.Vinod Tulsidas Somaiya …Petitioners

PROFORMA
Office Notes, Office Judge’s or Court’ s Orders
Memorandum of Coram,
Appearances or Directions
Office Notes, Office Judge’s or Court’ s Orders
Memorandum of Coram,
Appearances or Directions
Office Notes, Office Judge’s or Court’ s Orders
Memorandum of Coram,
Appearances or Directions
IN THE HIGH COURT OF JUDICATURE AT BOMBAY

LETTER OF ADMINISTRATION

PETITION NO.___________OF 2019

Petition a Letter of

Administration with Will

of Tulsidas Odhavji

Somaiya Hindu, Indian

Inhabitant of Mumbai,

aged about 85 years old

who was residing at the

time of death at Flat No

102, Krishna Kunj,

Krishna Appartment, L

.T. Road, Dahisar West,

Mumbai 400068

...Deceased

(1) Mr.Vinod Tulsidas Somaiya, Aged (___) Years, Hindu, Indian


Inhabitant of Mumbai, Occupation:-(_________), residing at
H.No_______ at Dahisar Gaothan, Near Sai Baba Temple,
Dahisar West …Petitioners

TO:
THE HONOURABLE CHIEF JUSTICE AND
THE JUDGES OF THE HONOURABLE
HIGH COURT AT BOMBAY

THE HUMBLE PETITION OF


THE PETITIONERS ABOVE
NAMED SHEWETH:-
1. That the above named Tulsidas Odhavji Somaiya, Deceased,

died at Mumbai on (____________________________). Hereto

annexed and marked, as Exhibit ‘A’ is a true copy of the

death certificate of the deceased issued by the

(____________________________)

2. That the Deceased at the time of his death was residing in

(__________)

3. That the Deceased left a writing which is his last Will and

Testament, is in English Language and character. The said

Will hereinafter referred to as “The Last Will” which has been

executed without any compulsion or pressure from any

person.

4. That the Last Will was duly executed by the Deceased at

(______) on 6th day of February, 2002 and same is duly

registered on (______________________)

5. That the Petitioners abovenamed are the legal heirs named in

the said Last Will of the Deceased abovenamed.

6. That the Petitioners have truly set forth in Schedule No. I

hereto annexed and marked Exhibit “C”, all the property and

credits which the Deceased, was possessed of, or entitled to at

the time of her death, which have or are likely to come to the

Petitioners hands. So far as the Petitioners have been able to

ascertain or are aware, there are no properties and credits

other than what are specified in the Schedule No. I attached

to the Petition.
7. That the said Deceased left behind his, the following

persons herein as her only surviving heirs and next-of-kin

according to the Hindu Succession Act 1956, by which he was

governed, at the time of her death, who are residing at the

addresses set out against their respective names

Sr. Names and address of the Age Relation with

No. Surviving Legal heirs and the Deceased

next-of-kin of the

Deceased
1. Mr. Vinod Tulsidas Son

Somaiya
2 Mr. Harshas Tulsidas Son

Somaiya
3 Mr. Vasudev Tulsidas Son

Somaiya

The deceased died on (_________) and as mention in the will the

deceased had 3 sons mentioned above at Sr. No. 1,2 and 3 they

are the only surviving legal heirs currently alive and entitled to

acquire and inherit the property in the prescribed share/ratio as

mentioned in the will, which was executed by the deceased when

he was alive and there are no other legal heirs or next-to-kin left

by the deceased above named.

8. That no application has been made to any District Court or

District Delegate or to any other High Court for Letters of

Administration with Will annexed to her property and credits.

The Petitioners therefore pray that Letter Of Administration

may be granted to them, being the Legal Heir respectively


named under the Last Will of the Deceased abovenamed

having effect throughout the State of Maharashtra.

ALMT Legal Mr.Vinod Tulsidas Somaiya

Advocate for the Petitioners Petitioner

VERIFICATION

We, Vinod Tulsidas Somaiya, Aged (_____) years, the Petitioner above

named Inhabitant of Mumbai, Occupation:-(_________), residing at

H.No_______ at Dahisar Gaothan, Near Sai Baba Temple, Dahisar

West do hereby solemnly declare that what is stated in the

Paragraph No. 1 to 8 of the Petition is true to our own knowledge

and we believe the same to be true .

Solemnly declared at Mumbai )

This day of , 2019 )

Vinod Tulsidas Somaiya

Petitioner

Identified by Me

ALMT Legal

Advocate for the Petitioners


IN THE HIGH COURT OF JUDICATURE AT BOMBAY

LETTER OF ADMINISTRATION

PETITION NO.___________OF 2019

Petition for a Letter of

Administration with Will

of Tulsidas Odhavji

Somaiya Hindu, Indian

Inhabitant of Mumbai,

aged about 85 years old

who was residing at the

time of death at Flat No

102, Krishna Kunj,

Krishna Appartment, L

.T. Road, Dahisar West,

Mumbai 400068

...Deceased

(1) Mr.Vinod Tulsidas Somaiya, Aged (___) Years, Hindu, Indian


Inhabitant of Mumbai, Occupation:-(_________), residing at
H.No_______ at Dahisar Gaothan, Near Sai Baba Temple, Dahisar
West …Petitioners

PETITIONERS’ OATH

We, Vinod Tulsidas Somaiya, Aged (_____) years, the Petitioner above

named Inhabitant of Mumbai, Occupation:-(_________), residing at

H.No_______ at Dahisar Gaothan, Near Sai Baba Temple, Dahisar


West, do hereby solemnly affirm that we believe that the Last Will

referred to in the Petition herein and marked Exhibit - “B” is

the Last Will and Testament of the Deceased, Tulsidas

Odhavji Somaiya, above named and that we are the Legal Heir

respectively therein named and that we will faithfully administer

the property and credits of the said Deceased

Solemnly affirmed at Mumbai )


This day of , 2019 )
Vinod Tulsidas Somaiya
Petitioner
Identified by Me
ALMT Legal
Advocate for the Petitioners
IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

PETITION NO.___________OF 2018

Petition a Letter of

Administration with Will

of Tulsidas Odhavji

Somaiya Hindu, Indian

Inhabitant of Mumbai,

aged about 85 years old

who was residing at the

time of death at Flat No

102, Krishna Kunj,

Krishna Appartment, L

.T. Road, Dahisar West,

Mumbai 400068

...Deceased

(2) Mr.Vinod Tulsidas Somaiya, Aged (___) Years, Hindu, Indian


Inhabitant of Mumbai, Occupation:-(_________), residing at
H.No_______ at Dahisar Gaothan, Near Sai Baba Temple,
Dahisar West …Petitioners
....Deceased

AFFIDAVIT OF ATTESTING WITNESS

I, Suresh P Somaiya, Aged (___) years, Indian Inhabitant of

Mumbai, Official Address- 2/3 Shanti Nagar, Near Canara Bank,

S.V. Road, Dahlsar(East) Mumbai-400068 affirmation as under:-


1. That I knew and was well acquainted with the Deceased,

Tulsidas Odhavji Somaiya, abovenamed.

2. That on 6th day of February, 2002, I was present together with

Mr. Suresh P Somaiya, at the residence of the Deceased

situated at Flat No 102, Krishna Kunj, Krishna Appartment, L

.T. Road, Dahisar West, Mumbai 400068. I say that at that

time, the Testator having read the entire Will and after fully

understanding the contents therein, we did then and there

see the Deceased set and subscribed his signature in Gujrati

Language, which is referred to in the Petition herein and

marked Exhibit “B”, and declare and publish the same as his

last Will and Testament.

3. That thereupon I, Deponent and the said Mr.

(____________________________), did at the request of the said

Deceased and in her presence and in the presence of each

other all being present at the same time set and subscribed

our respective names, addresses and signatures in Gujarati

Language in Testamentary paper as witnesses thereto.

4. That the signature viz. “Tulsidas Odhavji Somaiya”

subscribed at the foot of the Testamentary Paper as of the

Party executing the same is in the proper handwriting of

the said Deceased and the names, addresses and

signatures viz. “1 Mr. Suresh P Somaiya Aged (___) years,

Indian Inhabitant of Mumbai, Official Address- 2/3 Shanti

Nagar, Near Canara Bank, S.V. Road, Dahlsar(East) Mumbai-

400068 “ Sd/- ” also subscribed and written in English

Language at the foot of the said Testamentary Paper as of


the Parties attesting execution of the same are in the proper

respective handwriting of the said Mr. . Suresh P Somaiya

and myself, respectively.

5. I say that at the time of the execution of the said Will, the

Deceased had set and subscribed her signature viz. “Tulsidas

Odhavji Somaiya” at the bottom of each page of the said

Last Will.

6. That at the time the said Deceased so subscribed his

signature viz. “Tulsidas Odhavji Somaiya” and also affixed

that he was of sound and disposing mind, memory and

understanding and to the best of my belief made and

published the same of her free will and pleasure.

Solemnly affirmed at Mumbai )

This day of March, 2018 )

Before me

Identified by me,

Advocate for the Petitioners


EXHIBIT: C

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Letter of Administration

PETITION NO.___________OF 2018

Petition a Letter of

Administration with Will

of Tulsidas Odhavji

Somaiya Hindu, Indian

Inhabitant of Mumbai,

aged about 85 years old

who was residing at the

time of death at Flat No

102, Krishna Kunj,

Krishna Appartment, L

.T. Road, Dahisar West,

Mumbai 400068

...Deceased

(3) Mr.Vinod Tulsidas Somaiya, Aged (___) Years, Hindu, Indian


Inhabitant of Mumbai, Occupation:-(_________), residing at
H.No_______ at Dahisar Gaothan, Near Sai Baba Temple,
Dahisar West …Petitioners

SCHEDULE – I

As per the will which was executed on 6th Day of February, 2002 by
the decease, mentions the division of property
( movable/immovable) among the legal heir as follows :
SR.NO. PARTICULARS AMOUNT

1. Mr. Harshad Tulsidas Somaiya is entitled

enjoy full and absolute power of alienation

of Shop No 1, Having a area about 120sq

feet at Krishna Kunj, Krishna Appartment,

Lt Road Dahishar West, Mumbai - 400068


2. Mr. Vasudev Tulsidas Somaiya is entitled

enjoy full and absolute power of alienation

of piece and parcel of agfricultural land

having about 6 acres bearing plot No. 281

along with Jalaram Temple and 6 room

constructed at the said plot No.281, at

Lalpar Porbundar Highway, Post Kharadi

(Piper) Tal Lalpar, Jam Nagar, Gujrat.


3 Mr. Vinod Tulsidas Somaiya is entitled

enjoy full and absolute power of alienation

of of piece and parcel of agfricultural land

having about area about 6.5 Vigha lying

at near Ganganoor, Jam Varaval, Post

Chella Taluka Lalpar, Jam Nagar Gujrat

and as Mr Vinod is presently residing in

the room at Dahisar Goothan, Near Sai

Baba Temple, Dahisar West, which is in

the name of deceased wife Late Smt

Narmadar Tulsidas Somaiya as a full right

of owenership.
4. As the deceased had accumulated certain

Cash Balance and also invested in fixed

deposit with the State Bank of

Saurashtra, Lalpar, and also owed some


gold ornaments and jewellary of his

deceased wife Late Smt Narmada Tulsidas

Somaiya.
5. The deceased had also made certain

private advances of Rs.400,000/- through

Mr. Mohabatsinh Hamiraj Jadeja

presently residing at Lalpar, and the

amount of money shall be distributed as

under; Rs. 1,00,000/- each should be

divided between 3 sons in equal share.


6. According to the will Rs.1,00,000/- to be

invested in fixed deposit with bank and

the income of the said Rs.1,00,000/- shall

be utilized for the maintenance of Jalaram

Temple at Jam Nagar Porbunder High

Way Road, Lalpar.


7. Rs.30,000/- shall be given as donation for

the construction of Temple of Our Kuldevi

Sikotar Maa at Jam Veraval which is well

known Devsthan of Soumaiya Family.


8. The Balance if any shall be utilized as

mutually decided by the 3 sons.

Dated this _________day of March 2018

Advocates for the Petitioners Petitioner

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

PETITION NO.___________OF 2018


Petition a Letter of

Administration with Will

of Tulsidas Odhavji

Somaiya Hindu, Indian

Inhabitant of Mumbai,

aged about 85 years old

who was residing at the

time of death at Flat No

102, Krishna Kunj,

Krishna Appartment, L

.T. Road, Dahisar West,

Mumbai 400068

...Deceased

(4) Mr.Vinod Tulsidas Somaiya, Aged (___) Years, Hindu, Indian


Inhabitant of Mumbai, Occupation:-(_________), residing at
H.No_______ at Dahisar Gaothan, Near Sai Baba Temple,
Dahisar West …Petitioners

To,

The Prothonotary and Senior Master,


High Court,
Bombay.

Sir,

We, Vinod Tulsidas Somaiya and (_____________), the Petitioners

above named do hereby appoint M/s. ALMT Legal, Advocates and

Solicitors, to act, appear, and plead on our behalf in the above

matter.
IN WITNESS WHEREOF we have set and subscribed our respective

hands to this writing at Bombay.

Dated this day of March, 2019

WE ACCEPT: Vinod Tulsidas Somaiya

(Petitioner

ALMT Legal
Advocates & Solicitors,
Advocates for Petitioners
1st Floor, Free Press House,
215, Free Press Journal
Marg, Nariman Point,
Mumbai 400 021.
Ph. No.: 40010000
Mobile No. 9833545527
O.S.Regn. No. 8570
E-mail: litigation@almtlegal.com
Advocate’s Code No.I – 1880
IN THE HIGH COURT OF JUDICATURE
AT BOMBAY
LETTER OF ADMINISTRATION
PETITION NO.___________OF 2019

Petition for Letter of Administration of

Tulsidas Odhavji Somaiya

...Dec

eased

Mr.Vinod Tulsidas Somaiya …

Petitioners

==================================
VAKALATNAMA
Dated this ________day of March, 2018

==================================

=================================
ALMT LEGAL
Advocates for the Petitioners
1st Floor, Free Press House,
215 Free Press Journal Marg,
Nariman Point.
Mumbai 400 021.
=================================
IN THE HIGH COURT OF JUDICATURE
AT BOMBAY
TESTAMENTARY AND INTESTATE
JURISDICTION
PETITION NO.___________OF 2018

Petition for probate of the Last Will and

Testament of Kamala Shantilal Jhaveri

...De

ceased

Anoop V. Mehta & Anr. …Petitioners

==================================
PROBATE PETITION
Dated this ________day of March, 2018

==================================

=================================
ALMT LEGAL
Advocates for the Petitioners
1st Floor, Free Press House,
215 Free Press Journal Marg,
Nariman Point.
Mumbai 400 021.
=================================
IN THE HIGH COURT OF JUDICATURE
AT BOMBAY
TESTAMENTARY AND INTESTATE
JURISDICTION
PETITION NO.___________OF 2018

Petition for probate of the Last Will and

Testament of Kamala Shantilal Jhaveri

...De

ceased

Anoop V. Mehta & Anr. …Petitioners

==================================
PROBATE PETITION
Dated this ________day of March, 2018

==================================

=================================
ALMT LEGAL
Advocates for the Petitioners
1st Floor, Free Press House,
215 Free Press Journal Marg,
Nariman Point.
Mumbai 400 021.
=================================
IN THE HIGH COURT OF JUDICATURE
AT BOMBAY
TESTAMENTARY AND INTESTATE
JURISDICTION
PETITION NO.___________OF 2018

Petition for probate of the Last Will and

Testament of Kamala Shantilal Jhaveri

...De

ceased

Anoop V. Mehta & Anr. …Petitioners

==================================
PETITIONERS’ OATH
Dated this ________day of March,
2018

==================================

=================================
ALMT LEGAL
Advocates for the Petitioners
1st Floor, Free Press House,
21 Free Press Journal Marg,
Nariman Point.
Mumbai 400 021.
=================================
IN THE HIGH COURT OF JUDICATURE
AT BOMBAY
TESTAMENTARY AND INTESTATE
JURISDICTION
PETITION NO.___________OF 2018

Petition for probate of the Last Will and

Testament of Kamala Shantilal Jhaveri

...Dec

eased

Anoop V. Mehta & Anr …Petitioners

=================================
AFFIDAVIT OF ATTESTING WITNESS

Dated this ________day of March,


2018

==================================

=================================
ALMT LEGAL
Advocates for the Petitioner
1st Floor, Free Press House,
21 Free Press Journal Marg,
Nariman Point.
Mumbai 400 021.
==================================
IN THE HIGH COURT OF JUDICATURE
AT BOMBAY
TESTAMENTARY AND INTESTATE
JURISDICTION
PETITION NO.___________OF 2018

Petition for probate of the Last Will and

Testament of Kamala Shantilal Jhaveri

...De

ceased

Anoop V. Mehta & Anr. ..Petitioners

==================================
SCHEDULE –I
Dated this ________day of March, 2018

=================================

=================================
ALMT LEGAL
Advocates for the Petitioners
1st Floor, Free Press House,
21 Free Press Journal Marg,
Nariman Point.
Mumbai 400 021.
==================================
IN THE HIGH COURT OF JUDICATURE
AT BOMBAY
TESTAMENTARY AND INTESTATE
JURISDICTION
PETITION NO.___________OF 2018

Petition for probate of the Last Will and

Testament of Kamala Shantilal Jhaveri

...De
ceased

Anoop V. Mehta & Anr …Petitioners

==================================
SCHEDULE –II
Dated this ________day of March
2018

==================================

=================================
ALMT LEGAL
Advocates for the Petitioners
1st Floor, Free Press House,
21 Free Press Journal Marg,
Nariman Point.
Mumbai 400 021.
=================================

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