Allowed

Santosh Jayram Joshi v. Jayram Balram Joshi (Deceased)

Bombay HC10 Jun 2024TP/103/2024

Case brief

AI extract

What is this about?

Uncontested testamentary petition for Letters of Administration under the Indian Succession Act for the estates of two deceased persons. Citation formalities were completed, legal heirs consented by affidavit, and an administration bond was furnished. The petition was allowed as prayed for.

What did the court decide?

Letters of Administration granted to the petitioner for the scheduled properties, subject to office verification of no caveat/cross-petition and filing of accounts per oath.

Santosh Jayram Joshi vs Jayram Balram Joshi… — Succession and Inheritance | Bombay HC (2024)

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1 40.TP/103/2024

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Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 10th June 2024

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FOR COMPLIANCE:

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TP/103/2024 P. C. Shri. Ravindra Sharma Ld. Advocate for the Petitioner [Original]

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1) This is a petition for grant of Letters of Administration, under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely (1) Jayram Balaram Joshi and (2) J ayashree J ayram Joshi (For short “Said deceased”). The petitioner, namely Santosh Jayram Joshi, has filed documents such as true copy of the death certificates of the deceased, identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

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(ECHCBM021829 82023)

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2) I have heard Ld. Advocate and perused the petition along with the documents.

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3) Said deceased No. 1 died on 24^th day of May 1997 and the deceased No. 2 died on 11^th day of September 2018, respectively at Mumbai leaving behind them legal heirs, shown in the paragraph No. 4 of the petition. Petitioner states that there are no other legal heirs to the deceased, except heirs shown in the petition. Deceased left properties shown in the schedule. The delay has been explained vide Rule 382 of the Rules.

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4) Citation was issued, which has been duly affixed on the conspicuous part of the Hon’ble High Court and notice board of the Collector’s Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980(for short “BHC Rules”) and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is

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2 40.TP/103/2024

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treated as uncontested one.

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5) Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. They have accepted the facts, regarding their relationship, inter-se.

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6) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

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7) Ld. Advocate for the petitioner submitted that in view of provisions of Hindu Succession Act, 1956, the petitioner, being Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:

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ORDER

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1) Petition is allowed and the Letters of Administration be granted to the petitioner for properties, left by the deceased and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925.

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2) Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

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3) The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period. Necessary endorsement be made on the administration Bond, subject to satisfaction of the Department.

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10th June 2024

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with Testamentary Department

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Officer on Special Duty,

Santosh Jayram Joshi v. Jayram Balram Joshi (Deceased)

Case brief

What is this about?

What did the court decide?

Santosh Jayram Joshi v. Jayram Balram Joshi (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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