Allowed

Anna Anthony Fernandes v. Anthony Mario Fernandes Alias Anthony M Fernandes Alias Anthony Fernandes (Deceased)

Bombay HC10 Apr 2024TP/124/2024

Case brief

AI extract

What is this about?

Widow's uncontested petition for Letters of Administration for the estate of her deceased husband under the Indian Succession Act. Citations were issued and no one resisted; legal heirs consented by affidavit. Petition allowed and Letters of Administration granted subject to verification and filing of accounts.

What did the court decide?

Letters of Administration granted to the petitioner for the scheduled properties left by the deceased.

Anna Anthony Fernandes vs Anthony Mario Fernandes… — Succession and Inheritance | Bombay HC (2024)

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1 41.TP/124/2024

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 10th April, 2024

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FOR COMPLIANCE:

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TP/124/2024 P. Shri. Mahesh Phalke Ld. Advocate for the Petitioner (ECHCBM022005 C. : 12023)

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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 Anthony Mario Fernandes alias Anthony M. Fernandes, alias Anthony Fernandes (For short “Said deceased”). The petitioner, namely Anna Anthony Fernandes, has filed documents such as a true copy of the death certificate of the deceased, affidavit for dispensation of 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 he has uploaded affidavit of service online having document no. EDHCBM02207012024 and administration bond online having document no. EDHCBM02241212024.

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Said deceased died on 01-01-2021 at Mazilvaddo Nagoa, Salcete, Goa 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

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2 41.TP/124/2024

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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 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.

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Ld. Advocate for the petitioner submitted that in view of provisions of Indian Succession Act, 1925, the petitioner, being widow 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. 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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10th April, 2024 Officer on Special Duty, with Testamentary Department

Anna Anthony Fernandes v. Anthony Mario Fernandes Alias Anthony M Fernandes Alias Anthony Fernandes (Deceased)

Case brief

What is this about?

What did the court decide?

Anna Anthony Fernandes v. Anthony Mario Fernandes Alias Anthony M Fernandes Alias Anthony Fernandes (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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