Allowed

Santosh Dnyaneshwar Jadhav v. Dyaneshwar Nilu Jadhav Alias Dnyaneshwar Nilu Jadhav Alias Gyaneshwar Nilu Jadhav (Deceased)

Bombay HC15 Apr 2024TP/1189/2024

Case brief

AI extract

What is this about?

The court granted Letters of Administration to the sons of the deceased for properties left behind, finding the petition uncontested, legal heirs consenting, and procedural requirements under the Indian Succession Act and BHC Rules satisfied.

What did the court decide?

Grant of Letters of Administration for properties shown in schedule-I.

Santosh Dnyaneshwar Jadhav vs Dyaneshwar Nilu… — Succession and Inheritance | Bombay HC (2024)

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1 32.TP/1189/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 16th October, 2024

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FOR COMPLIANCE:

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TP/1189/2024 P. C. : Shri. R T Kharwar Ld. Advocate for the Petitioner

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[Original]

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(ECHCBM022213 62023)

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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 Dyaneshwar Nilu Jadhav alias Dnyaneshwar Nilu Jadhav alias Gyaneshwar Nilu Jadhav (For short “Said deceased”). The petitioners, namely (1) Santosh Dnyaneshwar Jadhav and (2) Shekhar Dnyaneshwar Jadhav, have filed documents.

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I have heard Ld. Advocate. I perused the 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.

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Said deceased died as a Married on 04-02-2006 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state that there are no other legal heirs to the deceased, except heirs shown in the petition. Deceased left properties shown in the schedule-I of the petiion. 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

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2 32.TP/1189/2024

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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 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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Petitioners have filed the administration Bond in prescribed form No. 118 with surety.

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Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being sons of the deceased, are 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 petitioners 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 petitioners 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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16th October, 2024 Officer on Special Duty, with Testamentary Department

Santosh Dnyaneshwar Jadhav v. Dyaneshwar Nilu Jadhav Alias Dnyaneshwar Nilu Jadhav Alias Gyaneshwar Nilu Jadhav (Deceased)

Case brief

What is this about?

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Santosh Dnyaneshwar Jadhav v. Dyaneshwar Nilu Jadhav Alias Dnyaneshwar Nilu Jadhav Alias Gyaneshwar Nilu Jadhav (Deceased)

Case brief

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What did the court decide?

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