Allowed

Suresh Chimanlal Shah v. Chandra Chimanlal Shah Alias Chandra C Shah (Deceased)

Bombay HC29 Jan 2024TP/36/2024

Case brief

AI extract

What is this about?

Petition by the deceased's son seeking Letters of Administration over properties left by his mother who died in Mumbai. All legal heirs consented; no one contested despite citation and notice to the Collector. The court allowed the petition and granted Letters of Administration.

What did the court decide?

Letters of Administration granted to petitioner over scheduled properties, subject to office verification of no caveat/cross-petition and filing of account per oath.

Suresh Chimanlal Shah vs Chandra Chimanlal Shah… — Succession and Inheritance | Bombay HC (2024)

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1 42.TP/36/2024

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 04th April 2024

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FOR COMPLIANCE:

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TP/36/2024 P. C. Ms. Mandakini Sinh Ld. Advocate for the Petitioner (ECHCBM0220571 : 2023)

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This is a petition for the grant of Letters of Administration, under the provisions of the Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Chandra Chimanlal Shah alias Chnadra C. Shah (For short “Said deceased”). The petitioner, namely Suresh Chimanlal Shah, has filed documents such as a true copy of the death certificate of the deceased, identity proof of the deceased, and oath in the prescribed format.

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I have heard Ld. Advocate and peruse the petition along with the documents. Ld. Advocate for the petitioner submitted that she has uploaded the administration bond online having document no. EDHCBM02092692024.

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Said deceased died on 19-11-2013 at Mumbai leaving behind her legal heirs, shown in 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 are shown in the schedule. 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 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 the collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing has been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as

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2 42.TP/36/2024

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an uncontested one.

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

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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 Hindu Succession Act, 1956, the petitioner, being Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, the petition deserves to be allowed, as prayed for. Hence, the 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 the 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 pending or caveat resisting the petition is filed.

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1. The petitioner is to file an account as undertaken in a Petitioner’s Oath within the stipulated period.

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04th April 2024 Officer on Special Duty, with Testamentary Department

Suresh Chimanlal Shah v. Chandra Chimanlal Shah Alias Chandra C Shah (Deceased)

Case brief

What is this about?

What did the court decide?

Suresh Chimanlal Shah v. Chandra Chimanlal Shah Alias Chandra C Shah (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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