Allowed

Chetan Bhagwandas Modi v. Bhagwandas Narayandas Modi (Deceased)

Bombay HC19 Oct 2024TP/4744/2024

Case brief

AI extract

What is this about?

Testamentary petition for Letters of Administration for the properties of the deceased, who died a widower in Mumbai. Citation was duly published and no one contested; legal heirs consented by affidavits and an administration bond with surety was filed. Petition allowed as prayed.

What did the court decide?

Letters of Administration granted for the deceased's scheduled properties; petitioner to file account as undertaken in oath within stipulated period.

Chetan Bhagwandas Modi vs Bhagwandas Narayandas… — Succession and Inheritance | Bombay HC (2024)

¶1

1 68.TP/4744/2024

¶2

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 03rd December, 2024

¶3

FOR COMPLIANCE:

¶4

TP/4744/2024 P. C. Ms. Shraddha Kadam Ld. Advocate for the Petitioner : (AMH20230048479 C202400012)

¶5

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 Bhagwandas Narayandas Modi (For short “Said deceased”). The petitioner, namely Chetan Bhagwandas Modi, has filed documents.

¶6

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.

¶7

Said deceased died as a Widower on 28-04-2024 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.

¶8

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 treated as uncontested one.

¶9

Legal heirs of the deceased have consented by way of

¶10

2 68.TP/4744/2024

¶11

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

¶12

1. Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

¶13

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 heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:

¶14

ORDER

¶15

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.

¶16

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

¶17

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.

¶18

03rd December, 2024 Officer on Special Duty, with Testamentary Department

Chetan Bhagwandas Modi v. Bhagwandas Narayandas Modi (Deceased)

Case brief

What is this about?

What did the court decide?

Chetan Bhagwandas Modi v. Bhagwandas Narayandas Modi (Deceased)

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

Coram

Case details

All orders in this case

Similar cases

Bernard James Dcruz vs Christopher Joseph Dcruz (Deceasesd)

Asha Jitendra Trimbake vs Sanjay Chabu Gaikwad Alias Sanjay Chhabu Gaikwad (Deceased)

Jitesh Bhaichand Shah vs Kishori Pravin Shah (Deceased)

Alice Henry Dmello vs Josephine Albert Noronha

Khashibai Alias Kashibai Shivaji Shinde vs Shivaji Vithal Shinde (Deceased)

Kanan Vimal Gandecha nee Kanan Kantilal Devani vs Manjula Kantilal Devani alias Manjula Devani alias Manjula K Devani(Deceased)