Allowed

Parimal Indravadan Dalal v. Smita Indravadan Dalal (Deceased)

Bombay HC17 Feb 2024TP/339/2024

Case brief

AI extract

What is this about?

This order grants Letters of Administration to two petitioners, brothers of the deceased, under the Indian Succession Act. The court treated the petition as uncontested after expiration of citation and notice periods, exempting them from a surety bond under a prior order.

What did the court decide?

Letters of Administration granted to the petitioners for the deceased's properties. Petitioners exempted from surety bond. Order to verify no pending cross-petition or caveat.

Parimal Indravadan Dalal vs Smita Indravadan Dalal… — Succession and Inheritance | Bombay HC (2024)

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1 34.TP/339/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 19th June 2024

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FOR COMPLIANCE:

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TP/339/2024 P.

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C. :

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Shri. Prabhu Velar i/b Jignesh Nishar Ld. Advocate for the Petitioner

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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 SMITA INDRAVADAN DALAL (For short “Said deceased”). The petitioner/s, namely (1) Parirnal Indravadan DalaI, (2) Amit Indrvadan DalaI, has/have filed documents such as true copy of the death certificate/s of the deceased, affidavit with document to dispense with requisition ofidentity proof of the deceased, oath in the prescribed format, affidavit of service citation.

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I have heard Ld. Advocate and perused the petition along with the documents. Ld. Advocate for the Petitioner submitted that he has uploaded affidavit of service online having document no. EDHCBM02216812024

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Said deceased died spinster on 04/08/2019 at Mumbai leaving behind her 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. 4) 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

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2 34.TP/339/2024

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

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In view of the Order, passed in the TP No. 2918/2023, the all legal heirs of the deceased are petitioners, and therefore they are exempted from the furnishing the surety Bond.

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Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Brothers of the deceased, are 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 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.

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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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1. The petitioners to file an account as under taken in a Petitioner’s Oath within stipulated period. Necessary endorsement be made on the administration Bond, subject to satisfaction of the Department.

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19th June 2024 Officer on Special Duty, with Testamentary Department

Parimal Indravadan Dalal v. Smita Indravadan Dalal (Deceased)

Case brief

What is this about?

What did the court decide?

Parimal Indravadan Dalal v. Smita Indravadan Dalal (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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