Allowed

Namdeo Bapu Palshetkar v. Tukaram Mahadev Palshetkar (Deceased)

Bombay HC5 Sept 2024TP/3270/2024

Case brief

AI extract

What is this about?

Testamentary petition by a nephew seeking Letters of Administration for a widower who died intestate in Mumbai. Citation issued, no objections; legal heirs consented by affidavit and administration bond filed. Petition allowed and Letters of Administration granted.

What did the court decide?

Letters of Administration granted to the petitioner for the deceased's scheduled properties, subject to account filing and office verification of no caveat.

Namdeo Bapu Palshetkar vs Tukaram Mahadev… — Succession and Inheritance | Bombay HC (2024)

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1 36.TP/3270/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 17th December 2024

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FOR COMPLIANCE:

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36 . TP/3270/2024 P. C. Shri. Omkar Nagvekar i/b Prabha Badadare Ld. Advocate for the : [Original] Petitioner

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[Original] (ECHCBM0200098

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1. 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 TUKARAM MAHADEV PALSHETKAR (For short “Said deceased”). The petitioner, namely Namdeo Bapu Palshetkar, 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 Widower on 19-11-2016 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. The delay has been explained vide Rule 382 of the Rules.

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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 36.TP/3270/2024

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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. Legal heir 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 heir 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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17th December 2024 Officer on Special Duty, with Testamentary Department

Namdeo Bapu Palshetkar v. Tukaram Mahadev Palshetkar (Deceased)

Case brief

What is this about?

What did the court decide?

Namdeo Bapu Palshetkar v. Tukaram Mahadev Palshetkar (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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