Testamentary petition for Letters of Administration to a deceased's estate where an office objection barred a limited grant via constituted attorney. The court held neither Section 243 nor Rule 418 was an impediment and dispensed with the objection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
28-TP3855-2024.DOC
SANTOSH SUBHASH KULKARNI
Santosh
Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2024.10.05 16:44:14 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY PETITION NO. 3855 OF 2024
Ravindra Narayan Surve …Deceased
Mr. V. N. Mishra, for the Petitioners.
CORAM: N. J. JAMADAR, J. DATED : 4th OCTOBER, 2024
PC:-
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28-TP3855-2024.DOC
petitioner Nos.2 to 4 as Petitioner No.1 is entitled for general grant in his own right. Reference is made to the provisions contained in Section 243 of the Indian Succession Act, 1925 and Rule 418 of the Bombay High Court (Original Side) Rules, 1980.
“ Rule 418 . Limited grant not to be issued to person entitled to general grant – Unless otherwise ordered by the Judge in Chambers, a limited grant shall not be issued to a person who is entitled to a general grant of administration to the property of the deceased.”
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28-TP3855-2024.DOC
authorization. In a sense, Petitioner Nos.2 to 4 have agreed to be bound by the actions and decisions of Petitioner No.1. Even otherwise, Petitioner No.1 is seeking Letters of Administration in his individual capacity as well.
[N. J. JAMADAR, J.]
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1 issue framed by the court
Whether a petitioner entitled to a general grant, filing for himself and as constituted attorney of other heirs, can seek Letters of Administration despite the office objection under Section 243 and R
2 provisions across 2 enactments
Ganesh Shantaram Surve
Sushant Shantaram Surve
Nisha Mangesh Chavan
Neeta Shailendra Ghag
N. J. Jamadar
As recorded by the court registry
16 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
