Allowed

Shubhada Vijay Patil v. Vijay Ramkrishna Patil

Bombay HC31 Jul 2024TP/2428/2024

Case brief

AI extract

What is this about?

The court granted Letters of Administration to the petitioner, Shubhada Vijay Patil, widow of the deceased. Recognizing her as the sole class-I heir under Hindu Succession laws, she was exempted from furnishing an administrative bond. The petition was allowed as uncontested.

What did the court decide?

Letters of Administration granted to the petitioner for the properties of the deceased; exemption from administrative bond upheld.

Shubhada Vijay Patil vs Vijay Ramkrishna Patil — Succession and Inheritance | Bombay HC (2024)

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1 53.TP/2428/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 31st July, 2024

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FOR COMPLIANCE:

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53.TP/2428/2024

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[Original] (ECHCBM022234 62023)

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P. Ms. Jyoti Badgujar i/b Lakdawala & Co. Ld. Advocate for C. : 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 Vijay Ramkrishna Patil alias Vijay R. Patil alias Vijay Patil (For short “Said deceased”). The petitioner, namely SHUBHADA VIJAY PATIL, 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 she has uploaded affidavit of service online having document no. EDHCBM02419482024.

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Said deceased died as a Married on 24/10/2018 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.

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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

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2 53.TP/2428/2024

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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, 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 Widow 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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31st July, 2024 Officer on Special Duty, with Testamentary Department

Shubhada Vijay Patil v. Vijay Ramkrishna Patil

Case brief

What is this about?

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Shubhada Vijay Patil v. Vijay Ramkrishna Patil

Case brief

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What did the court decide?

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