Allowed

Ramesh Dashrath Surve v. Sanjay Dashrath Surve

Bombay HC21 Jun 2024TP/2717/2024

Case brief

AI extract

What is this about?

Uncontested petition for Letters of Administration under the Indian Succession Act for properties left by a bachelor who died in Mumbai. After citation and notice to the Collector drew no objection, and citing prior orders exempting the sole heir from furnishing an administrative bond, the court granted administration to the petitioner brother.

What did the court decide?

Letters of Administration granted to the petitioner for the scheduled properties; petitioner to file account per oath.

Ramesh Dashrath Surve vs Sanjay Dashrath Surve — Succession and Inheritance | Bombay HC (2024)

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1 39.TP/2717/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 11th December 2024

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FOR COMPLIANCE:

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TP/2717/2024 P. Shri. Sreeganesh R. i/b Rajan Pillai Ld. Advocate for the C. : [Original] Petitioner

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[Original]

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(ECHCBM0205823 2024)

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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 Sanjay Dashrath Surve (For short “Said deceased”). The petitioner, namely Ramesh Dashrath Surve, has 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 Bachelor on 16-09-2022 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-I of the petition.

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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

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2 39.TP/2717/2024

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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 TP/2918/2023, the petitioner being the sole 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 Brother 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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11th December 2024 Officer on Special Duty, with Testamentary Department

Ramesh Dashrath Surve v. Sanjay Dashrath Surve

Case brief

What is this about?

What did the court decide?

Ramesh Dashrath Surve v. Sanjay Dashrath Surve

Case brief

What is this about?

What did the court decide?

What the court decided

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