Allowed

Asmita Devendra Kubal v. Devendra Kubal (Deceased

Bombay HC24 Jun 2024TP/1133/2024

Case brief

AI extract

What is this about?

Testamentary petition by the widow of a deceased for Letters of Administration under the Indian Succession Act. Citation issued, no objections received, legal heirs consented by affidavits and administration bond filed; petition treated uncontested and allowed.

What did the court decide?

Letters of Administration granted to the petitioner for scheduled properties, subject to filing account in oath and office verification of no caveat.

Asmita Devendra Kubal vs Devendra Kubal (Deceased — Succession and Inheritance | Bombay HC (2024)

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1 33.TP/1133/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 18th July, 2024

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FOR COMPLIANCE:

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P. Shri. Manmohan Amonkar Ld. Advocate for the Petitioner C. :

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33.TP/1133/2024 P.

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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 DEVENDRA KRUSHNAJI KUBAL (For short “Said deceased”). The petitioner, namely ASMITA DEVENDRA KUBAL has filed documents such as true copy of the death certificate of the deceased, identity proof of the deceased, oath in the prescribed format, affidavit of service citation. 2) I have heard Ld. Advocate and perused the petition along with the documents.

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Said deceased died as a Married on 27/04/2010 at Nallasoppara leaving behind him 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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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 treated as uncontested one.

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Legal heirs of the deceased have consented by way of

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2 33.TP/1133/2024

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

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Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Widow 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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1. The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

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1. 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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18th July, 2024 Officer on Special Duty, with Testamentary Department

Asmita Devendra Kubal v. Devendra Kubal (Deceased

Case brief

What is this about?

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Asmita Devendra Kubal v. Devendra Kubal (Deceased

Case brief

What is this about?

What did the court decide?

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