Allowed

Ramesh Manaranideen Gupta v. Maharanidin Baijnath Alis Deen Gupta Alias Vaish Alias M v Gupta (Deceased)

Bombay HC3 Feb 2024TP/138/2024

Case brief

AI extract

What is this about?

Testamentary petition by the deceased's son seeking Letters of Administration under the Indian Succession Act, 1925. Citation issued, no objections filed; petition uncontested. Petitioner exempted from administrative bond as sole class-I heir. Petition allowed.

What did the court decide?

Letters of Administration granted to petitioner for scheduled properties, subject to office verification of no caveat/cross-petition.

Ramesh Manaranideen Gupta vs Maharanidin Baijnath… — Succession and Inheritance | Bombay HC (2024)

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1 21.TP/138/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 11th July 2024

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FOR COMPLIANCE:

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TP/138/2024 P. Shri. Milind Prabhune Ld. Advocate for the Petitioner [Original] C. : (ECHCBM0209196 2023)

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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 Maharanidin Baijnath alias Maharani deen Gupta alias Vaish alias M V Gupta (For short “Said deceased”). The petitioner/s, namely Ramesh Maharanideen Gupta, 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.

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I have heard Ld. Advocate and perused the petition along with the documents.

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Said deceased died Widower on 20/02/2014 at Allahabad leaving behind him legal heir, 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

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2 21.TP/138/2024

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treated as uncontested one.

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In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner being the sole class-I heir of the deceased is exempted from furnishing the administrative bond

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Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being son 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:

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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. 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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1. The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

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11th July 2024

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Officer on Special Duty,

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with Testamentary Department

Ramesh Manaranideen Gupta v. Maharanidin Baijnath Alis Deen Gupta Alias Vaish Alias M v Gupta (Deceased)

Case brief

What is this about?

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Ramesh Manaranideen Gupta v. Maharanidin Baijnath Alis Deen Gupta Alias Vaish Alias M v Gupta (Deceased)

Case brief

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What did the court decide?

What the court decided

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