Allowed

Kusum Anand Shinde and Anr. v. Ganpat Appaji Gaikwad S/O Appaji Gaikwad (Deceased)

Bombay HC25 Apr 2024TP/1967/2024

Case brief

AI extract

What is this about?

This order grants Letters of Administration to two petitioners, daughters and daughter-in-law of the deceased, based on uncontested oaths and consent of legal heirs under the Hindu Succession Act and Indian Succession Act. The court directed filing of accounts and verification of no pending caveats.

What did the court decide?

Letters of Administration granted to the petitioners for properties left by deceased; direction to file accounts and verify no pending caveat.

Kusum Anand Shinde and Anr. vs Ganpat Appaji… — Succession and Inheritance | Bombay HC (2024)

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1 57.TP/1967/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 05th August, 2024

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FOR COMPLIANCE:

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TP/1967/2024 P. C. Shri. Anil Gawas Ld. Advocate for the Petitioner

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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 Ganpat Appaji Gaikwad S/o Appaji Gaikwad (For short “Said deceased”). The petitioners, namely (1) Kusum Anand Shinde and (2) Kalpana Dattatram Gaikwad, have filed documents such as true copy of the death certificate of the deceased, affidavit with document to dispense with requisition of 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 he has uploaded affidavit of service online having document no. EDHCBM02416192024 and administration bond online having document no. EDHCBM02448622024, consent affidavit of legal heirs having document no. EDHCBM02451682024 and affidavit for dispensation of identity proof having document no. EDHCBM02451682024.

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Said deceased died as a Married on 31/08/1994 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 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.

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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

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2 57.TP/1967/2024

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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 treated as uncontested one.

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Legal heirs 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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Petitioners have filed the administration Bond in prescribed form No. 118 with surety.

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Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being No. 1 being daughter and no. 2 being daughter in law of the deceased, are 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 petitioners 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 petitioners 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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05th August, 2024 Officer on Special Duty, with Testamentary Department

Kusum Anand Shinde and Anr. v. Ganpat Appaji Gaikwad S/O Appaji Gaikwad (Deceased)

Case brief

What is this about?

What did the court decide?

Kusum Anand Shinde and Anr. v. Ganpat Appaji Gaikwad S/O Appaji Gaikwad (Deceased)

Case brief

What is this about?

What did the court decide?

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