Allowed

Amit Hemachandra Apte v. Baban Rupchand Shirke Alias Baban Shirke (Deceased)

Bombay HC4 Sept 2024TP/3066/2024

Case brief

AI extract

What is this about?

Testamentary petition for grant of Letters of Administration for the estate of a deceased person who died intestate in Mumbai. Citation was duly published and no objection was received. The court treated the petition as uncontested and granted Letters of Administration to the five petitioners.

What did the court decide?

Letters of Administration granted to petitioners for deceased's properties in Schedule I, subject to filing account and office verification against pending cross petitions/caveats.

Amit Hemachandra Apte vs Baban Rupchand Shirke… — Succession and Inheritance | Bombay HC (2024)

¶1

3 39.TP/3066/2024

¶2

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 22nd October, 2024

¶3

FOR COMPLIANCE:

¶4

TP/3066/2024 P. C. Shri. Vilas B. Kadu Ld. Advocate for the Petitioner

¶5

[Original]

¶6

This is a petition for grant of Letters of Administration, (ECHCBM0209506 2024) under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Baban Rupchand Shirke alias Baban Shirke (For short “Said deceased”). The petitioners, namely (1) Amit Hemchandra Apte, (2) Kalpana Vinayak Apte, (3) Rajeshri Prabhakar Wavre, (4) Surekha Dinesh Joshi and (5) Sarita Subhash Joshi, have 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 04-11-2008 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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. The delay has been explained vide Rule 382 of the Rules.

¶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

¶10

This order is modified/ corrected as per the speaking to the minutes of order dated 08-11-2024

¶11

3 39.TP/3066/2024

¶12

brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

¶13

Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

¶14

Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

¶15

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being No. 1 being grand son, no. 2 to 5 being daughters of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioners, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:

¶16

ORDER

¶17

1. Petition is allowed and the Letters of Administration be granted to the petitioners for properties, left by the deceased and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925.

¶18

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

¶19

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.

¶20

22nd October, 2024 Officer on Special Duty, with Testamentary Department

¶21

This order is modified/ corrected as per the speaking to the minutes of order dated 08-11-2024

Amit Hemachandra Apte v. Baban Rupchand Shirke Alias Baban Shirke (Deceased)

Case brief

What is this about?

What did the court decide?

Amit Hemachandra Apte v. Baban Rupchand Shirke Alias Baban Shirke (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

Rani Tadilkar vs Prabhavati Narayanji Sejpal (Deceased)

Surya Bernard Parmar vs Mariam Bernard @ Bernard Parmar (Deceased)

Narayanan Ramchandran vs Late K N Ramchandran

Mr Deepak Amratlal Shah Aka Deepak Amrutlal Doshi vs Mrs Taraben Amratlal Shah

Neelam Kedar Lele Nee Neelam Sadashiv Wagh vs Madhuri Sadashiv Wagh ...Deceased

Santosh Dnyaneshwar Jadhav vs Dyaneshwar Nilu Jadhav Alias Dnyaneshwar Nilu Jadhav Alias Gyaneshwar Nilu Jadhav (Deceased)