Letters of Administration granted to Claire Pereira and Lloyd Myles Ferreira as legal heirs of deceased Myles Ferreira for his properties, subject to verification and account filing.
Letters of Administration granted to petitioners for properties left by the deceased.
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1 57.TP/168/2024
Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 01st July 2024
FOR COMPLIANCE:
[Original] (ECHCBM021312 42023)
1) 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 Myles Ferreira, alias Myles Freeman Paul Ferreira, alias Myles Paul Ferreira, alias Myles Primel Paulu Ferreil, Christian son of Paul Michael Ferreira (For short “Said deceased”). The petitioners, namely (1) Claire Pereira and (2) Lloyd Myles Ferreira, have 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.
2) I have heard Ld. Advocate and perused the petition along with the documents. Ld. Advocate for the Petitioner submitted that she has uploaded administration bond online having document no. EDHCBM02403292024.
3) Said deceased died on 16/09/2016 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 7 of the petition. Petitioners state 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.
4) 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
2 57.TP/168/2024
brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.
5) Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. She has accepted the facts, regarding their relationship, inter-se.
6) Petitioners have filed the administration Bond in prescribed form No. 118 with surety.
7) Ld. Advocate for the petitioners submitted that in view of provisions of the Indian Succession Act, 1925, the petitioner No. 1 being daughter and No. 2 being Son of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:
ORDER
01st July 2024 Officer on Special Duty, with Testamentary Department
1 issue framed by the court
Whether Letters of Administration can be granted to the petitioners, the legal heirs of the deceased, under the Indian Succession Act, 1925.
1 provisions across 1 enactments
Claire Pereira and Lloyd Myles Ferreira
Myles Ferreira
P. A. Jagdale
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
