Allowed

Narayan Govind Nare v. Mukta Alias Muktabai Lahu Nare (Deceased)

Bombay HC20 Jul 2024TP/3155/2024

Case brief

AI extract

What is this about?

Testamentary jurisdiction. Uncontested petition for Letters of Administration granted to the nephew of the deceased widow. Court accepted the petition, unchallenged heir consent, and notice period compliance. Letters of Administration directed to be granted as per the Indian Succession Act, 1925.

What did the court decide?

Letters of Administration granted to the petitioner for the properties left by the deceased Mukta Lahu Nare.

Narayan Govind Nare vs Mukta Alias Muktabai Lahu… — Succession and Inheritance | Bombay HC (2024)

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1 51.TP/3155/2024

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

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FOR COMPLIANCE:

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TP/3155/2024 P. Shri. Aditya Mandavkar i/b Shivaji P Yadav Ld. Advocate C. : [Original] for the Petitioner

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[Original]

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(ECHCBM0219014 2023)

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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 Mukta Lahu Nare alias Muktabai Lahu Nare alias Muktabai Lahukrushna Nare (For short “Said deceased”). The petitioner, namely NARAYAN GOVIND NARE, 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 Widow on 18-06-2019 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.

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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 51.TP/3155/2024

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treated as uncontested one.

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Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. He has accepted the facts, regarding their relationship, inter-se.

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

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Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Nephew 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:

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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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Officer on Special Duty,

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

Narayan Govind Nare v. Mukta Alias Muktabai Lahu Nare (Deceased)

Case brief

What is this about?

What did the court decide?

Narayan Govind Nare v. Mukta Alias Muktabai Lahu Nare (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

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Case details

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