Judge's Order in a testamentary petition seeking court permission to sell a deceased person's MHADA flat. Letters of administration had been granted to the petitioner; other heirs consented by affidavit and a loan closure certificate was filed. The court granted permission to sell.
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16-JOT-129-2024 modified (OS).doc This Order is modified/corrected by Speaking to Minutes Order dated 11.09.2024.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
JUDGES ORDER (TESTAMENTARY) NO. 129 OF 2024 IN
TESTAMENTARY PETITION NO. 1585 OF 2012
Mukatabai Dattatary @ Dattu Dhanawade ...Petitioner Versus
Dattatray @ Dattu Sitaram Dhanawade ...Deceased
Mr.Atul N Katkar for the Petitioner.
ETHAPEDNYANESHWARASHOK Digitally signedby ETHAPEDNYANESHWARASHOKDate: 2024.09.1311:08:27 +0530
CORAM : N. J. JAMADAR, J. DATE : 4th SEPTEMBER 2024
PC.:
tender an additional affidavit in support of the Judge’s Order.
Court to sell the property i.e. Room No.2005, Building No.1D, 20th Floor, New Hind Mill, Mhada Complex, Rambhau Bhogle Marg, Mazgaon, Mumbai, belonging to the deceased.
1 of 2
D.A.ETHAPE
16-JOT-129-2024 modified (OS).doc This Order is modified/corrected by Speaking to Minutes Order dated 11.09.2024.
April 2013. The aforesaid property has been transferred in the name of petitioner by Maharashtra Housing and Area Development Authority (MHADA). The petitioner has decided to sell the subject property for consideration of Rs.49,90,000/- to Mr.Umesh Suryakant Sawant and Mrs.Sadhana Umesh Sawant. A copy of the Agreement to Sell is annexed to the affidavit in support of the Judge’s Order at Exhibit-B. Alongwith an additional affidavit filed today, the petitioner has annexed a loan closure certificate issued by Mumbai District Central Co-Op. Bank Ltd. The other heirs of the deceased namely Shivaji Dhanawade, Satyawan Dhanawade, Duryodhan Dhanawade, Aruna Shamrao Mane and Sangita Mahadev Salunkh, have filed affidavits giving their consent for the sale of the subject property. The petitioner has given an undertaking to distribute the sale proceeds, after deducting the costs, charges and expenses of sale, amongst legal heirs of the deceased as per law. I am satisfied that permission can be granted to sell the subject premises.
separately.
2 of 2
D.A.ETHAPE
1 issue framed by the court
Whether the administrator of the deceased's estate may be permitted to sell the deceased's MHADA premises in Mazgaon, Mumbai.
Mukatabai Dattatary @ Dattu Dhanawade
Dattatray @ Dattu Sitaram Dhanawade (deceased)
N. J. Jamadar
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
