Allowed

Sangita Prakash Ghosalkar v. Shobha Govind Dasgaonkar - Deceased

Bombay HC10 May 2024TP/2238/2024

Case brief

AI extract

What is this about?

Petition for Letters of Administration allowed. The court granted the petition filed by the daughter of the deceased widow, noting no resistance or pending litigation, and exempting the petitioner from furnishing a surety bond.

What did the court decide?

Letters of Administration granted to the petitioner for the properties left by the deceased in prescribed format.

Sangita Prakash Ghosalkar vs Shobha Govind… — Succession and Inheritance | Bombay HC (2024)

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1 53.TP/2238/2024

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

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FOR COMPLIANCE:

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TP/2238/2024 P. Shri. Sagar Kamble Ld. Advocate for the Petitioner C. :

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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 SHOBHA GOVIND DASGAONKAR (For short “Said deceased”). The petitioners, namely SANGITA PRAKASH GHOSALKAR, 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. Ld. Advocate for the Petitioner submitted that he has uploaded administration bond online having document no. EDHCBM02459462024 and affidavit of service online having document no. EDHCBM02368612024.

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Said deceased died as a Widow on 31/05/2020 at Mumbai leaving behind her legal heir, 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.

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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 53.TP/2238/2024

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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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In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in view of the Order, passed in the TP No. 2918/2023, the petitioner, being sole surviving legal heir, is exempted from the furnishing the surety 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 Daughter 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. 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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Officer on Special Duty,

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

Sangita Prakash Ghosalkar v. Shobha Govind Dasgaonkar - Deceased

Case brief

What is this about?

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Sangita Prakash Ghosalkar v. Shobha Govind Dasgaonkar - Deceased

Case brief

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What did the court decide?

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