Allowed

Navin Ramniklal Doshi v. Hema Navin Doshi (Deceased)

Bombay HC28 Jun 2024TP/2498/2024

Case brief

AI extract

What is this about?

Allowed an application for Letters of Administration in respect of the properties of the deceased Hema Navin Doshi. The court found the petitioner to be the sole surviving legal heir, exempted him from furnishing a surety bond, and ordered the grant to be issued pending verification of no pending litigation.

What did the court decide?

Letters of Administration granted to the petitioner for the deceased's properties; petitioner exempt from furnishing surety bond; petitioner directed to file accounts within stipulated period.

Navin Ramniklal Doshi vs Hema Navin Doshi (Deceased) — Succession and Inheritance | Bombay HC (2024)

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1 72.TP/2498/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 08th July 2024

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FOR COMPLIANCE:

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72.TP/2498/2024 P.C. Ms. Karshima Kacchila i/b Vaibhavi, Ld. Advocate for the : [Original] Petitioner

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[Original] (ECHCBM020776 62024)

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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 Hema Navin Doshi (For short “Said deceased”). The petitioner, namely Navin Ramniklal Doshi, 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 Married on 09/03/2024 at Mumbai leaving behind her legal heir, shown in the paragraph No. 7 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 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

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2 72.TP/2498/2024

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Order, passed in the TP No. 2918/2023, the petitioner is sole surviving legal heirs, hence, 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 Husband 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.

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08^th July 2024

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Officer on Special Duty,

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with Testamentary Department

Navin Ramniklal Doshi v. Hema Navin Doshi (Deceased)

Case brief

What is this about?

What did the court decide?

Navin Ramniklal Doshi v. Hema Navin Doshi (Deceased)

Case brief

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What did the court decide?

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