Allowed

Akhilesh Kumar Gupta v. Rajkumar Ramlagan Gupta (Deceased)

Bombay HC15 Oct 2024TP/3946/2024

Case brief

AI extract

What is this about?

Testamentary petition for Letters of Administration to the estate of a deceased who died in Mumbai in 2015. Citation was issued and no one contested. The court treated the petition as uncontested and granted Letters of Administration to the petitioner as sole class-I heir.

What did the court decide?

Letters of Administration granted for the deceased's properties listed in Schedule-I; petitioner to file account per oath before grant issuance after caveat check.

Akhilesh Kumar Gupta vs Rajkumar Ramlagan Gupta… — Succession and Inheritance | Bombay HC (2024)

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1 36.TP/3946/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 14th December 2024

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FOR COMPLIANCE:

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TP/3946/2024 P. C. Ms. Sneha Nagaonkar Ld. Advocate for the Petitioner :

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[Original]

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(ECHCBM0210989 1) This is a petition for grant of Letters of Administration, 2024) under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Rajkumar Ramlagan Gupta (For short “Said deceased”). The petitioner, namely Akhilesh Rajkumar Gupta, 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 09-09-2015 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/3946/2024

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treated as uncontested one.

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In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner being the sole class-I heir of the deceased is exempted from furnishing the administrative bond.

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Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being son of the deceased, is 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 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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14th December 2024 Officer on Special Duty, with Testamentary Department

Akhilesh Kumar Gupta v. Rajkumar Ramlagan Gupta (Deceased)

Case brief

What is this about?

What did the court decide?

Akhilesh Kumar Gupta v. Rajkumar Ramlagan Gupta (Deceased)

Case brief

What is this about?

What did the court decide?

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