Allowed

Ambika Divyesh Shah v. Divyesh Somchand Shah (Deceased)

Bombay HC22 Apr 2024TP/186/2024

Case brief

AI extract

What is this about?

Testamentary petition for Letters of Administration to the estate of the deceased by his widow. Citation issued, no objections received, legal heirs consented. Petition treated as uncontested and allowed; administration bond accepted.

What did the court decide?

Letters of Administration granted to the petitioner for the scheduled properties, subject to verification of no caveat/cross petition and filing of account.

Ambika Divyesh Shah vs Divyesh Somchand Shah… — Succession and Inheritance | Bombay HC (2024)

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1 87.TP/186/2024

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Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 22nd April, 2024

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FOR COMPLIANCE:

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TP/186/2024 P. Ms. Viddhi Jain i/b Kavyal Shah Ld. Advocate for the [Original] C. : Petitioner (ECHCBM021282 62023) 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 Divyesh Somchand Shah (For short “Said deceased”). The petitioner, namely Ambika Divyesh Shah, 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. 2) 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. EDHCBM02193142024 and administration bond online having document no. EDHCBM02193152024 3) Said deceased died Married on 25/07/2022 at Mumbai leaving behind him legal heirs, 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. 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 brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is

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2 87.TP/186/2024

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treated as uncontested one.

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Legal heir of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. They have accepted the facts, regarding their relationship, inter-se.

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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 Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs of the deceased, 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. Necessary endorsement be made on the administration Bond, subject to satisfaction of the Department.

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22nd April, 2024

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Officer on Special Duty,

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with Testamentary Department

Ambika Divyesh Shah v. Divyesh Somchand Shah (Deceased)

Case brief

What is this about?

What did the court decide?

Ambika Divyesh Shah v. Divyesh Somchand Shah (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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