Allowed

Manasi Walawalkar through Her Next Friend and Guardian Pranali Walawalkar v. Sarojini Sridhar Walawalkar

Bombay HC22 Apr 2013JOT/39/2013

Case brief

AI extract

What is this about?

This court disposed of a testamentary petition filed by a minor petitioner representing her deceased father's estate. The court granted leave under Section 246 of the Indian Succession Act, clarified the distribution of the estate, and set aside the dismissal of the previous petition.

What did the court decide?

Leave under S. 246 of the Indian Succession Act granted; order of dismissal set aside; estate distributed as clarified.

Manasi Walawalkar through Her Next Friend and… — Succession and Inheritance | Bombay HC (2013)

JOT No.39_2013

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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JUDGE'S ORDER NO.39 OF 2013

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TESTAMENTARY PETITION NO.783 OF 2007

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Ms. Manasi Walawalkar – Petitioner V/s. – Sarojini Shridhar Walawalkar Claimant / Applicant

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None for the Petitioner.

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Mr. J.S. Hegde, Adv. for the Applicant.

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CORAM : MRS. ROSHAN DALVI, J. DATE : 22nd April, 2013.

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P.C. :

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The Petition has been filed by the Petitioner who is a minor through her grandmother and legal guardian in 2007. The Petitioner is one of the beneficiaries of the deceased who is her father. The claimant / applicant is the mother of the deceased. She is the other beneficiary. The Petitioner would have to be granted Letters of Administration through her mother as the fit and proper person for her use and benefit of the estate of the deceased that would devolve upon the Petitioner as a minor until she attains majority U/s.246 of the Indian Succession Act. The applicant as the other beneficiary is entitled to 50% share in the estate of the deceased under the order of this Court dated 8^th May, 2009. That 50% share of the applicant has been ordered to be kept separately.

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The Petitioner through her mother has been directed to

JOT No.39_2013

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obtain order U/s.246. That has not been obtained. For that objection the Petition has come to be dismissed. It is seen that admittedly she is entitled to half the estate of the deceased. The other half which belongs to mother of the deceased has been protected for the mother. Hence leave U/s.246 of the Indian Succession Act is granted to the Petitioner. Consequently 50% of the estate of the deceased which consists of his death-cum-retirement dues with M/s. Mahindra & Mahindra, the Mahindra Co-Operative Credit Society, LICs and the Regional Provident Fund Commissioner would have to be paid to the claimant / applicant in the above Judge's Order. The other half is to be paid to the Petitioner through her mother acting on her behalf as her guardian until she attains the age of 18 years. Hence the Judge's Order is signed.

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Consequently also the order of dismissal is set aside. Leave U/s.246 of the Indian Succession Act is granted to the Petitioner.

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The Prothonotary and Senior Master shall handover the 50% amount of the claimant / applicant who is the mother of the deceased to the claimant / applicant with all accrued interest thereof. The Accounts Officer shall handover the amount standing to the credit of this Petition in the name of the Petitioner upon the Petitioner attaining majority.

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Testamentary Petition and Judge's Order are disposed off accordingly.

Manasi Walawalkar through Her Next Friend and Guardian Pranali Walawalkar v. Sarojini Sridhar Walawalkar

Case brief

What is this about?

What did the court decide?

Manasi Walawalkar through Her Next Friend and Guardian Pranali Walawalkar v. Sarojini Sridhar Walawalkar

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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