Allowed

Suhas Vaman Joshi v. Suchitra Suhas Joshi Since Deceased

Bombay HC6 Jul 2024TP/2535/2024

Case brief

AI extract

What is this about?

Uncontested testamentary petition by the deceased's husband for Letters of Administration under the Indian Succession Act, 1925. Citation and Collector notice drew no objection; heirs consented. Petition allowed and Letters of Administration granted.

What did the court decide?

Letters of Administration granted to the petitioner for the properties shown in the schedule, subject to filing account and office verification of no caveat/cross petition.

Suhas Vaman Joshi vs Suchitra Suhas Joshi Since… — Succession and Inheritance | Bombay HC (2024)

¶1

1 43.TP/2535/2024

¶2

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 16th October, 2024

¶3

FOR COMPLIANCE:

¶4

TP/2535/2024 P. Ms. Indrayani Koparkar Ld. Advocate for the Petitioner C. :

¶5

[Original] (ECHCBM0212954 2023)

¶6

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 Suchitra Suhas Joshi (For short “Said deceased”). The petitioner, namely Suhas Vaman Joshi, has filed documents.

¶7

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.

¶8

Said deceased died as a Married on 23-10-2022 at Mumbai leaving behind her 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-I of the petition.

¶9

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.

¶10

Legal heirs of the deceased have consented by way of

¶11

2 43.TP/2535/2024

¶12

Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. They have accepted the facts, regarding their relationship, inter-se. 6) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

¶13

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 and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:

¶14

ORDER

¶15

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.

¶16

1. The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

¶17

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.

¶18

16th October, 2024 Officer on Special Duty, with Testamentary Department

Suhas Vaman Joshi v. Suchitra Suhas Joshi Since Deceased

Case brief

What is this about?

What did the court decide?

Suhas Vaman Joshi v. Suchitra Suhas Joshi Since Deceased

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Dilip Punjiram Purani and Anr. vs Babiben Punjiram Purani (Deceased)

Ajit Kaur Mahipal Singh Chokdayat vs Pyare Singh (Deceased)

Dhiresh Babulal Jain vs Babulal Sheshmal Jain (Deceased)

Chandramohan Hukumchand Asrani vs Kamna Chandramohan Asran (Deceased)

Balasaheb Rajaram Patil vs Radhabai Rajaram Patil

Deepak Shyamlal Talreja vs Late Renu Deepak Talreaj Alias Vaishali Deepak Talreja (Deceased)