Petition for Letters of Administration for the estate of a deceased widow. Citation issued with no objections; legal heirs are the petitioners. Petition allowed and Letters of Administration granted subject to verification of no caveat or cross petition.
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1 55.TP/123/2024
Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 01st July 2024
FOR COMPLIANCE:
[Original] (ECHCBM021888 42023)
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 Malati Sadanana Pathare alias Malati Sadanand Pathare (For short “Said deceased”). The petitioners, namely (1) Nila Narendra Mhatre and (2) Gorakhnath Sadanand Pathare, have 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. Ld. Advocate for the Petitioner submitted that she has uploaded administration bond online having document no. EDHCBM02211322024 and affidavit of service online having document no. EDHCBM02308602024.
3) Said deceased died Widow on 01/04/2022 at Mumbai leaving behind her 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. 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
2 55.TP/123/2024
brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.
5) In view of the Order, passed in the TP No. 2918/2023, the all legal heirs of the deceased are petitioners, and therefore they are exempted from the furnishing the surety Bond.
6) Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner No. 1 being daughter and No. 2 being Son of the deceased, are 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:
ORDER
01st July 2024 Officer on Special Duty, with Testamentary Department
1 issue framed by the court
Whether Letters of Administration should be granted to the deceased's daughter and son for her properties under the Indian Succession Act, 1925.
4 provisions across 3 enactments
Nila Narendra Mhatre
Gorakhnath Sadanand Pathare
P. A. Jagdale
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
