Allowed

Shri Kaustubh Girish Vartak v. Shri Girish Manohar Vartak

Bombay HC17 Feb 2024TP/430/2024

Case brief

AI extract

What is this about?

Petition for grant of Letters of Administration under the Indian Succession Act, 1925, for properties of the deceased. The court found the petition uncontested, verified statutory requirements, and granted the administration bond exemption for the sole class-I heir. Letters of Administration were granted in the prescribed format.

What did the court decide?

Letters of Administration granted to the petitioner for the properties left by the deceased.

Shri Kaustubh Girish Vartak vs Shri Girish Manohar… — Succession and Inheritance | Bombay HC (2024)

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1 51.TP/430/2024

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 10th April, 2024

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FOR COMPLIANCE:

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TP/430/2024 P. Shri. R T Kharwar Ld. Advocate for the Petitioner (ECHCBM021757 C. : 72023)

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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 Girish Manohar Vartak (For short “Said deceased”). The petitioner, namely Kaustubh Girish Vartak, 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 he has uploaded affidavit of service online having document no. EDHCBM02209652024.

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Said deceased died on 11-06-2023 at Mumbai leaving behind him legal heir, 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.

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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 51.TP/430/2024

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an uncontested one.

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The petitioner has executed the Administration bond, but in view of the 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 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, 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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10th April, 2024 Officer on Special Duty, with Testamentary Department

Shri Kaustubh Girish Vartak v. Shri Girish Manohar Vartak

Case brief

What is this about?

What did the court decide?

Shri Kaustubh Girish Vartak v. Shri Girish Manohar Vartak

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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