Allowed

Rani Hashmit Rachwani v. Trilochansigh Ujjagaer Singh Chugh Alias Trilochan Singh Chaug (Deceased 1)

Bombay HC3 Feb 2024TP/139/2024

Case brief

AI extract

What is this about?

The Officier on Special Duty allowed a petition for Letters of Administration filed by Rani Hashmit Rachwani for the properties of deceased Trilochansingh Chugh and Balbir Kaur Chugh. The petitioner, being the sole Class-I heir, was exempted from furnishing an administrative bond.

What did the court decide?

Letters of Administration granted to the petitioner for the properties left by the deceased in the prescribed format.

Rani Hashmit Rachwani vs Trilochansigh Ujjagaer… — Succession and Inheritance | Bombay HC (2024)

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1 97.TP/139/2024

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Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 24th April, 2024

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FOR COMPLIANCE:

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TP/139/2024 P. C. Shri. D R Mishra Ld. Advocate for the Petitioner [Original] : (ECHCBM021629 92023)

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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 (1) TRILOCHANSINGH UJJAGAR SINGH CHUGH alias TRILOCHAN SINGH CHAUG AND (2) BALBIR KAUR TRILOCHANSINGH CHUGH alias BALBIR KAUR CHAUG (For short “Said deceased”). The petitioner, namely RANI HASHMIT RACHWANI, has filed documents such as true copy of the death certificates of the deceased, identity proof of the deceased No.1, affidavit with document to dispense with requisition of identity proof of the deceased No.2, 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. Ld. Advocate for the Petitioner submitted that he has filed affidavit of petitioner having document no. EDHCBM02254792024. Citation is issued on 21.02.2024 and affidavit of service is also filed by Sheriff.

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Said deceased died widower and married, respecgtively on at Mumbai on or about 21^st day of September, 2007 and 25^th day of May, 1996 at Mumbai leaving behind them 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

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2 97.TP/139/2024

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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 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 Hindu Succession Act, 1956, the petitioner, being daughter 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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24th April, 2024 Officer on Special Duty, with Testamentary Department

Rani Hashmit Rachwani v. Trilochansigh Ujjagaer Singh Chugh Alias Trilochan Singh Chaug (Deceased 1)

Case brief

What is this about?

What did the court decide?

Rani Hashmit Rachwani v. Trilochansigh Ujjagaer Singh Chugh Alias Trilochan Singh Chaug (Deceased 1)

Case brief

What is this about?

What did the court decide?

What the court decided

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