Allowed

Arun Florentius Dcunha v. Sonia Louisa Alva Wife of Arun Florentius Dcunha (Deceased)

Bombay HC3 Feb 2024TP/118/2024

Case brief

AI extract

What is this about?

Testamentary petition by the husband of a deceased woman seeking Letters of Administration over her estate. With citation duly published, no objections or caveats filed, and an administration bond with surety furnished, the petition was treated as uncontested and allowed.

What did the court decide?

Letters of Administration granted to petitioner over scheduled properties of deceased, subject to verification of no caveat/cross-petition and filing of account.

Arun Florentius Dcunha vs Sonia Louisa Alva Wife… — Succession and Inheritance | Bombay HC (2024)

¶1

1 47.TP/118/2024

¶2

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 07th May, 2024

¶3

FOR COMPLIANCE:

¶4

TP/118/2024 P.C.:

¶5

[Original] (ECHCBM0216565 2023)

¶6

Ms. Rajashri Nadiger Ld. Advocate for the Petitioner

¶7

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 Sonia Louisa Alva wife of Arun Florentius D'cunha (For short “Said deceased”). The petitioner, namely Arun Florentius D'cunha, 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.

¶8

2) I have heard Ld. Advocate and perused the petition along with the documents. Ld. Advocate for the Petitioner submitted that she has uploaded affidavit of service online having document no. EDHCBM02131902024 and administration bond online having document no. EDHCBM02319872024.

¶9

3) Said deceased died Married on 04-05-2021 at Mumbai leaving behind her 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.

¶10

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

¶11

2 47.TP/118/2024

¶12

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.

¶13

5) Minor legal heir is daughter of deceased and the petitioner. The petitioner has filed an affidavit to that effect. In view of the order passed in the Testamentary Petition No. 1701 of 2017, there is no requisition to justify the share of minor legal heir, as the petitioner is the birth parent of said minor.

¶14

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

¶15

7) Ld. Advocate for the petitioner submitted that in view of provisions of Indian Succession Act, 1925, the petitioner, being Husband of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:

¶16

ORDER

¶17

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.

¶18

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.

¶19

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.

¶20

07th May, 2024 Officer on Special Duty, with Testamentary Department

Arun Florentius Dcunha v. Sonia Louisa Alva Wife of Arun Florentius Dcunha (Deceased)

Case brief

What is this about?

What did the court decide?

Arun Florentius Dcunha v. Sonia Louisa Alva Wife of Arun Florentius Dcunha (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Poonam Lalit Kumar vs Lalit Krishanchander Kumar (Deceased)

Nandini Rajagopal vs Rajagopalan Angadipuram Ramlinga (Deceased)

Chandrashekar Gowder Son of Veerangouda Bandangouda Sankangouder vs Veeranagouda Bandangouda Sankangoudar Alias v B Sankangoudar (Deceased)

Rupesh Kumar S/O. Devaputhra Naidu and 2 Ors. vs Shreepradha Devaputra Naidu (Deceased)

Jasmit Bipin Desai vs Bipinchandra Alias Bipin Manilal Desai (Deceased)

Suhasini Subhash Gawade @ Jyotsna Gopal Parab vs Sangeeta Gopal Parab (Deceased)