Allowed

Nayampalli Shyamasundar Acharya v. Naimpally Raghavendra Madhav Acharya Alias N R M Acharya

Bombay HC15 Feb 2024TP/207/2024

Case brief

AI extract

What is this about?

Testamentary petition for Letters of Administration to the estate of a deceased who died in 2009. Citation issued, no objections filed; petition treated as uncontested. Petitioner exempted from administration bond as sole class-I heir. Petition allowed.

What did the court decide?

Letters of Administration granted to the petitioner for the scheduled properties of the deceased, subject to office verification of no cross-petition or caveat.

Nayampalli Shyamasundar Acharya vs Naimpally… — Succession and Inheritance | Bombay HC (2024)

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1 33.TP/207/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 19th June 2024

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FOR COMPLIANCE:

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TP/207/2024 P. Shri. Pratik Poojary i/b Pratik Amin Associates Ld. Advocate C. : [Original] for the Petitioner

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[Original]

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(ECHCBM0217959 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 Naimpally Raghavendra Madhav Acharya a.k.a N.R.M Acharya (For short “Said deceased”). The petitioner, namely Nayampalli Shyamasundar Acharya, 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.

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I have heard Ld. Advocate and perused the petition along with the documents.

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Said deceased died on 23/02/2009 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 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 33.TP/207/2024

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treated as uncontested one.

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Petitioner has filed the administration Bond in prescribed form No. 118 with surety. However, in view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner being the sole class-I heir of the deceased is exempted from furnishing the administrative bond.

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Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Borther of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner, 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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Officer on Special Duty,

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19th June 2024 Officer on Special Duty, with Testamentary Department

Nayampalli Shyamasundar Acharya v. Naimpally Raghavendra Madhav Acharya Alias N R M Acharya

Case brief

What is this about?

What did the court decide?

Nayampalli Shyamasundar Acharya v. Naimpally Raghavendra Madhav Acharya Alias N R M Acharya

Case brief

What is this about?

What did the court decide?

What the court decided

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