Allowed

Khashibai Alias Kashibai Shivaji Shinde v. Shivaji Vithal Shinde (Deceased)

Bombay HC19 Oct 2024TP/4772/2024

Case brief

AI extract

What is this about?

The court granted Letters of Administration to the petitioners, who are the widow and daughters of the deceased, regarding the properties left by Shivaji Vitthal Shinde. The petition, treated as uncontested due to no opposition, was allowed under the Indian Succession Act.

What did the court decide?

Letters of Administration granted to the petitioners in prescribed format; directed to file account taken in Oath; office to verify no pending cross-petition or caveat.

Khashibai Alias Kashibai Shivaji Shinde vs Shivaji… — Succession and Inheritance | Bombay HC (2024)

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1 52.TP/4772/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 04th December 2024

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FOR COMPLIANCE:

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TP/4772/2024 P. C. Shri. Ravindra Khilare Ld. Advocate for the Petitioner :

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[Original]

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(ECHCBM02126592 024)

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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 Shivaji Vitthal Shinde (For short “Said deceased”). The petitioners, namely (1) Khashibai alias Kashibai Shivaji Shinde, (2) Sunita Pramod Gujar, (3) Anita Vijay Patil, (4) Prajkta Nitin More, (5) Kavita Sachin Pol, (6) Priya Shivaji Shinde, have 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, 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 died as a Married on 24-06-2011 at Antavadi, Satara leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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

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2 52.TP/4772/2024

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

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In view of the Order, passed in the TP No. 2918/2023, the all legal heirs of the deceased are petitioners, and therefore they are exempted from the furnishing the surety Bond.

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Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner No. 1 being widow and No. 2 to 6 being daughters of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioners, 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 petitioners 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 petitioners 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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04th December 2024 Officer on Special Duty, with Testamentary Department

Khashibai Alias Kashibai Shivaji Shinde v. Shivaji Vithal Shinde (Deceased)

Case brief

What is this about?

What did the court decide?

Khashibai Alias Kashibai Shivaji Shinde v. Shivaji Vithal Shinde (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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