Allowed

Lancaster Fernandes v. Maria C. Fernandes (Deceased)

Bombay HC20 Jan 2015CST/157/2014

Case brief

AI extract

What is this about?

The single-judge bench of the Bombay High Court, in a testamentary petition, disposed of the matter by granting Letters of Administration as an uncontested petition after confirming service of citation and absence of caveats, thereby quashing the associated chamber summons.

What did the court decide?

Letters of Administration to be issued treating the petition as uncontested; Testamentary Petition and Chamber Summons disposed.

Lancaster Fernandes Vs Maria C. Fernandes (Deceased) — Succession and Inheritance | Bombay HC (2015)

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923-CST157-14.DOC

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Agk

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 1263 OF 2014

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WITH

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CHAMBER SUMMONS NO. 157 OF 2014

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Lancaster Fernandes…Petitioner /
Applicant
Versus
Maria C. Fernandes…Deceased

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Mrs. S.V. Pathak, i/b M/s. Pathak Associates, for the Petitioner /
Applicant.

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CORAM:G.S. PATEL, J
DATED:20th January 2015

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PC:-

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1.The relief sought in the Chamber Summons cannot be
granted. The Petitioner seeks dispensation of justification for non-
deposit of the share of one of the sons of the deceased.

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2.The citation was served on 31st October 2014. On that date,
it was also put up on the notice board of the High Court as also the
Collector’s Office. An affidavit of service dated 12th November
2014 / 27th November 2014 (affidavit being made by two persons)

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923-CST157-14.DOC

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is already on record. No caveat has yet been filed by any of the heirs
cited. The time for filing caveats has long since expired, there is no
reason why the grant of Letters of Administration should be
delayed any further.

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3.Department to proceed forthwith to issue Letters of
Administration, treating the Petition as an uncontested Petition.
Letters of Administration to be finally issued on or before 27th
February 2015.

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4. The Testamentary Petition is disposed of in these terms.

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5.In view thereof, Chamber Summons does not survive and is
disposed of.

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(G. S. PATEL, J.)

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Lancaster Fernandes v. Maria C. Fernandes (Deceased)

Case brief

What is this about?

What did the court decide?

Lancaster Fernandes v. Maria C. Fernandes (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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