Allowed

Dattaram Laxman Lad v. Kalpana Dattaram Lad (Deceased)

Bombay HC3 Feb 2024TP/165/2024

Case brief

AI extract

What is this about?

Uncontested petition by the father of a deceased spinster seeking Letters of Administration to her Mumbai properties. Citation and notice to the Collector drew no objection; surety bond exempted. Petition allowed and Letters of Administration granted under the Indian Succession Act, 1925.

What did the court decide?

Letters of Administration granted to the petitioner for the deceased's scheduled properties; surety bond exemption.

Dattaram Laxman Lad vs Kalpana Dattaram Lad… — Succession and Inheritance | Bombay HC (2024)

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1 30.TP/165/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 25th July, 2024

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FOR COMPLIANCE:

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TP/165/2024 P. C. Ms. Saba Ansari Ld. Advocate for the Petitioner [Original] : (ECHCBM0217367 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 Kalpana Dattaram Lad (For short “Said deceased”). The petitioner, namely Dattaram Laxman Lad, 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. Ld. Advocate for the Petitioner submitted that she has uploaded affidavit of service online having document no. EDHCBM02433612024.

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Said deceased died as a spinster on 24/11/2022 at Mumbai leaving behind her 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.

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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 30.TP/165/2024

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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 and in view of the Order, passed in the TP No. 2918/2023, the petitioner, being sole heir, is exempted from the furnishing the surety 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 father 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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25th July, 2024 Officer on Special Duty, with Testamentary Department

Dattaram Laxman Lad v. Kalpana Dattaram Lad (Deceased)

Case brief

What is this about?

What did the court decide?

Dattaram Laxman Lad v. Kalpana Dattaram Lad (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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