Allowed

Vijay Kisan Mungse and Anr. v. Chandrabhaga Kisan Mungse (Deceased)

Bombay HC22 Oct 2024TP/2149/2024

Case brief

AI extract

What is this about?

Testamentary petition by two sons seeking Letters of Administration for their deceased mother's estate. Citation issued, no objections filed, legal heir consented by affidavit. Petition allowed and Letters of Administration granted under the Indian Succession Act, subject to filing administration bond and account.

What did the court decide?

Letters of Administration granted to petitioners over scheduled properties, subject to verification of no caveat/cross petition and filing of scanned administration bond.

Vijay Kisan Mungse and Anr. vs Chandrabhaga Kisan… — Succession and Inheritance | Bombay HC (2024)

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2 30.TP/2149/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 18th December 2024

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FOR COMPLIANCE:

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TP/2149/2024 P. C. Shri. Sangramsingh Yadav 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 Chandrabhaga Kisan Mungse (For short “Said deceased”). The petitioners, namely (1) Vijay Kisan Mungse and (2) Shirish Kisan Mungse, have 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, identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

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Said deceased died as a Widow on 29-05-2020 at Navi Mumbai leaving behind her 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.

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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 treated as uncontested one.

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Legal heir of the deceased has consented by way of

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2 30.TP/2149/2024

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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.

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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 sons of the deceased, are 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 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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1. Petitioner to upload the properly scanned administration bond again. Department to check the bond and place it in the file.

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18th December 2024 Officer on Special Duty, with Testamentary Department

Vijay Kisan Mungse and Anr. v. Chandrabhaga Kisan Mungse (Deceased)

Case brief

What is this about?

What did the court decide?

Vijay Kisan Mungse and Anr. v. Chandrabhaga Kisan Mungse (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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