Allowed

Sudha Madhukar Chobe v. Siddharth Madhukar Chaturvedi Alias Siddhartha Madhukar Chaturvedi (Deceased)

Bombay HC15 Feb 2024TP/206/2024

Case brief

AI extract

What is this about?

Petition for Letters of Administration for properties left by a deceased who died in Mumbai in 2000. Citation issued, no one resisted; heirs consented by affidavit. Petition allowed and Letters of Administration granted to the deceased's mother subject to filing accounts.

What did the court decide?

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

Sudha Madhukar Chobe vs Siddharth Madhukar… — Succession and Inheritance | Bombay HC (2024)

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1 59.TP/206/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 14th October, 2024

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FOR COMPLIANCE:

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TP/206/2024 P. C. Shri. Jayant Wani a/w Ms. Jyoti Badgujar i/b Lakdawala & Co. [Original] : Ld. Advocate for the Petitioner

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[Original] (ECHCBM0215890 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 Siddharth Madhukar Chaturvedi alias Siddhartha Madhukar Chaturvedi alias Siddharth Chaturvedi alias Siddhartha Chaturvedi (For short “Said deceased”). The petitioner, namely Sudha Madhukar Chobe, has filed documents.

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I have heard Ld. Advocate. I perused the 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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Said deceased died as a Married on 12/08/2000 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. 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 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

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2 59.TP/206/2024

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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 heir of the deceased have 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) The Hon’ble Court vide an order dated 11.10.2024 has accepted the consent affidavit of one of the legal heir which was executed prior to the affirming the petition.

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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 Hindu Succession Act, 1956, the petitioner, being Mother of the deceased, is 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:

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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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14th October, 2024 Officer on Special Duty, with Testamentary Department

Sudha Madhukar Chobe v. Siddharth Madhukar Chaturvedi Alias Siddhartha Madhukar Chaturvedi (Deceased)

Case brief

What is this about?

What did the court decide?

Sudha Madhukar Chobe v. Siddharth Madhukar Chaturvedi Alias Siddhartha Madhukar Chaturvedi (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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