Allowed

Pritesh Chandrakant Chavan v. Chandrakant Sakharam Chavan (Deceased)

Bombay HC3 Feb 2024TP/109/2024

Case brief

AI extract

What is this about?

This petition sought Letters of Administration under the Indian Succession Act, 1925. The Single Judge held the petition allowable as uncontested. Directions were given to rectify the defect in the administration bond regarding the valuation from net to gross estate amount.

What did the court decide?

Petition allowed; Letters of Administration granted subject to rectification of the administration bond for gross estate value and verification of pending litigation.

Pritesh Chandrakant Chavan vs Chandrakant Sakharam… — Succession and Inheritance | Bombay HC (2024)

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1 72.TP/109/2024

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 15th April, 2024

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FOR COMPLIANCE:

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TP/109/2024 P. Ms. Sharvari Nagvekar Ld. Advocate for the Petitioner C. : (ECHCBM021777 72023)

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This is a petition for the grant of Letters of Administration, under the provisions of the Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Chandrakant Sakharam Chavan (For short “Said deceased”). The petitioner, namely Pritesh Chandrakant Chavan, has filed documents such as a true copy of the death certificate of the deceased, identity proof of the deceased, and oath in the prescribed format.

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I have heard Ld. Advocate and peruse the petition along with the documents. Ld. Advocate for the Petitioner submitted that she has uploaded administration bond having document no. EDHCBM02148962024 and affidavit of service online having document no. EDHCBM02190072024.

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Said deceased died on 01-03-2020 at Mumbai leaving behind him legal heirs, shown in 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 are shown in the schedule.

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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 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 the collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing has been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as

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2 72.TP/109/2024

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an uncontested one.

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

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Petitioner has filed the administration Bond in prescribed form No. 118 with surety. However, it is executed for net amount instead of gross value of the estate. Hence, directions are given to the petitioner to ratify the defect in the bond.

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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 the petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, the petition deserves to be allowed, as prayed for. Hence, the 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 the prescribed format as per the provisions of the Indian Succession Act, 1925.

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1. The petitioner, within two weeks, form the date of uploading this order, file the correct administration bond for the gross amount of the estate of the deceased.

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

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1. The petitioner is to file an account as undertaken in a Petitioner’s Oath within the stipulated period. Office to verify that an Administration Bond is properly executed and uploaded.

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15th April, 2024 Officer on Special Duty, with Testamentary Department

Pritesh Chandrakant Chavan v. Chandrakant Sakharam Chavan (Deceased)

Case brief

What is this about?

What did the court decide?

Pritesh Chandrakant Chavan v. Chandrakant Sakharam Chavan (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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