A writ petition concerning succession rights to a residential flat was filed. The petitioner sought permission to withdraw the petition to approach the appropriate court for administration of the estate. The Court dismissed the petition as withdrawn.
Permission to withdraw the petition granted; writ petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
WRIT PETITION NO. 2535 OF 2006
Mr. S. Shivram.
...Petitioner.
V/s.
State of Maharashtra & Others.
... Respondents.
Mr. K.M. John for the Petitioner.
Ms. Mama Sudh, A.G.P. for Resondent Nos.1 to 3. Mr. M.B. Jadhav, for Respondent No.4.
CORAM : DR. D.Y. CHANDRACHUD,J.
16TH OCTOBER, 2006.
P.C. :
| 1. | The r | esidential | flat, it is a | n admitted p | osition, | ||||
|---|---|---|---|---|---|---|---|---|---|
| belonged | to the |
fath |
er of |
the | Petitioner, | la | te L.S. |
Mani. | |
| The | father | has, | accord | ing to |
the |
Petitioner | died | ||
| intestate. | There | was |
a |
nomination | by the |
father | in | favour | |
| of one |
of his |
sons | Shri S |
. Lax |
man. It |
is alleged |
th |
at he |
|
| executed | a |
registered | dee |
d of |
gift in |
favour | of | the | |
| Petitioner | on | 26th | December | 2002. |
A mere |
nominee | of | a | |
| flat in |
a C |
o-operati | ve Ho |
using S |
ociety doe |
s | not, | by | virtue |
| of | the nomi |
nation, | acquire | title | to the |
pr | emises. | Since | |
| the s |
uccession | will | have | to be |
governed | by | the |
law | of |
| succession | that | a | pplies | to the |
parties, in |
the | present |
case, parties being Hindus, it would be governed by the
Hindu Succession Act, 1956.
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| 2. | In | these cir | cumstances | , at the | hearin | g of the | ||||
|---|---|---|---|---|---|---|---|---|---|---|
| Petition, | Cou | nsel | appe | aring | on | behalf | of |
the | Peti | tioner |
| states | that | the | Petition | er | is | advised | to | take | recourse | to |
| his |
rights | under | the | law | by |
instituti | ng a |
Suit | in | the |
| appropriate | court | for | the | adm | inistration | of |
the | estate | of | |
| the | deceased. | With | this | state | ment, | Counsel | appe | aring | on |
behalf of the Petitioner seeks permission of the Court to
withdraw the Petition.
1 issue framed by the court
Whether to grant permission to withdraw the writ petition regarding succession to a residential flat.
Mr. S. Shivram
State of Maharashtra
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
