Allowed

Liang Thien Wong v. Liang Chiu Ping and Huang Yu Ying (Deceased)

Bombay HC15 Jul 2024TP/1990/2024

Case brief

AI extract

What is this about?

Uncontested testamentary petition seeking Letters of Administration for estates of two deceased persons. Citation duly issued, heirs consented by affidavit, administration bond filed. Petition allowed and Letters of Administration granted in prescribed format.

What did the court decide?

Letters of Administration granted for properties left by the deceased as per schedule, subject to account filing and caveat verification.

Liang Thien Wong vs Liang Chiu Ping and Huang Yu… — Succession and Inheritance | Bombay HC (2024)

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1 46.TP/1990/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 15th July 2024

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FOR COMPLIANCE:

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46.TP/1990/2024 P. Ms. Neha Nagotanekar Ld. Advocate for the Petitioner C. :

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[Original] (ECHCBM020619 02024)

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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 (1) Late LIANG CHIU PING alias C. P. LIANG and (2) HUANG YU YING alias YU YU HUANG alias Y.Y. HUANG (For short “Said deceased”). The petitioner, namely LIANG-THIEN WONG, has filed documents such as true copy of the death certificates 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 she has uploaded administration bond online having document no. EDHCBM02435412024 and affidavit of service online having document no. EDHCBM02435502024.

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Said deceased died No. 1 married on 09/01/1979 and deceased No. 2 died as Widow on 22/02/1989 at Mumbai leaving behind them 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. 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

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2 46.TP/1990/2024

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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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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 the Indian Succession Act, 1925, the petitioner, being Son of both 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. 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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15th July 2024

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Officer on Special Duty,

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with Testamentary Department

Liang Thien Wong v. Liang Chiu Ping and Huang Yu Ying (Deceased)

Case brief

What is this about?

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Liang Thien Wong v. Liang Chiu Ping and Huang Yu Ying (Deceased)

Case brief

What is this about?

What did the court decide?

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