Allowed

Machindra Ramchandra Patil v. Ramchandra Dada Patil(Deceased)

Bombay HC19 Jul 2024TP/1589/2024

Case brief

AI extract

What is this about?

Testamentary petition for Letters of Administration under the Indian Succession Act for properties of a deceased. Citation issued, no opposition; petitioner shown as sole heir. Petition allowed and administration granted.

What did the court decide?

Letters of Administration granted for the deceased's scheduled properties, subject to filing account in Petitioner's Oath and office verification of no caveat or cross petition.

Machindra Ramchandra Patil vs Ramchandra Dada… — Succession and Inheritance | Bombay HC (2024)

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1 28.TP/1589/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 03rd October, 2024

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FOR COMPLIANCE:

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TP/1589/2024 P. C. Ms. Ashi Kothari i/b Shubham Upadhyay Ld. Advocate for the : [Original] Petitioner

[Original]

(ECHCBM0221193

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 RAMCHANDRA DADA PATIL (For short “Said deceased”). The petitioner, namely MACHINDRA RAMCHANDRA PATIL Son of RAMCHANDRA DADA PATIL, has filed documents.

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I have heard Ld. Advocate. I perused the 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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Said deceased died as a Married on 24-04-2021 at Rajapur, Tasagaon, Dist. Sangli, 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 heir shown in the petition. Deceased left properties 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 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 28.TP/1589/2024

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

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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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Officer on Special Duty,

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03rd October, 2024 Officer on Special Duty, with Testamentary Department

Machindra Ramchandra Patil v. Ramchandra Dada Patil(Deceased)

Case brief

What is this about?

What did the court decide?

Machindra Ramchandra Patil v. Ramchandra Dada Patil(Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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