Allowed

Sejal Jayesh Mehta Alias Sejal Subodh Barodia v. Panna Subodh Barodia (Deceased)

Bombay HC18 Mar 2024TP/145/2024

Case brief

AI extract

What is this about?

Officer on Special Duty allowed the petitioner's petition for the grant of Letters of Administration for the properties left by the deceased Panna Subodh Barodia, noting the claim was uncontested and all legal heirs had consented.

What did the court decide?

Letters of Administration granted to the petitioner for the properties left by the deceased, to be issued after verification.

Sejal Jayesh Mehta Alias Sejal Subodh Barodia vs… — Succession and Inheritance | Bombay HC (2024)

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1 43.TP/145/2024

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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/145/2024 P. C. Shri. Pariket Shah i/b Sneha Vani Marjadi Ld. Advocate for (ECHCBM02193632 : the Petitioner 023)

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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 Panna Subodh Barodia, (For short “Said deceased”). The petitioner, namely Sejal Jayesh Mehta alias Sejal Subodh Barodia, has filed documents such as a true copy of the death certificate of the deceased, 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. EDHCBM02242892024 and administration bond online having document no. EDHCBM02242922024.

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Said deceased died on 13.08.2023 at Mumbai leaving behind him legal heir, 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 issued vide Rule 396 of BHC Rules. Till today, no one

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2 43.TP/145/2024

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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 Hindu Succession Act, 1956, the petitioner, being daughter and heirs of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioner, 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 administration bond is properly executed.

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10th April, 2024 Officer on Special Duty, with Testamentary Department

Sejal Jayesh Mehta Alias Sejal Subodh Barodia v. Panna Subodh Barodia (Deceased)

Case brief

What is this about?

What did the court decide?

Sejal Jayesh Mehta Alias Sejal Subodh Barodia v. Panna Subodh Barodia (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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