Allowed

Nikhil Keshav Salian v. Yashoda Keshav Salian (Decased)

Bombay HC22 Oct 2024TP/4121/2024

Case brief

AI extract

What is this about?

Testamentary petition seeking Letters of Administration for the estates of two deceased persons. Citation issued, no objection received, legal heir consented by affidavit. Petition treated as uncontested and allowed.

What did the court decide?

Letters of Administration granted for scheduled estate; petitioner to file account as undertaken in oath within stipulated period.

Nikhil Keshav Salian vs Yashoda Keshav Salian… — Succession and Inheritance | Bombay HC (2024)

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2 54.TP/4121/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 28^th November, 2024

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CALLED FOR COMPLIANCE :

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TP/4121/2024

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Ms. Shreya Gosavi i/b. Siddharth Desai, Ld. Advocate for Petitioner

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PC 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 (1) YASHODA KESHAV SALIAN and (2) KESHAV SHESAPPA SALIAN (For short “Said deceased”). The petitioner/s, namely Nikhil Keshav Salian, has/have filed documents.

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I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate/s of the deceased, affidavit with document to dispense with requisition of identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

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Said deceased No. 1 died as married on 09.08.2021 at Mumbai and deceased No. 2 died on 10.09.2022 at Mumbai leaving behind them 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

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2 54.TP/4121/2024

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CONTD….

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TP/4121/2024

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

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1. 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, interse.

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1. 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 son 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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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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The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

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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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28th November, 2024 Officer on Special Duty, with Testamentary Department

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SLG

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2 54.TP/4121/2024

Nikhil Keshav Salian v. Yashoda Keshav Salian (Decased)

Case brief

What is this about?

What did the court decide?

Nikhil Keshav Salian v. Yashoda Keshav Salian (Decased)

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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