Allowed

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

Bombay HC19 Oct 2024TP/4776/2024

Case brief

AI extract

What is this about?

Petition for Letters of Administration under the Indian Succession Act, 1925 for the estate of a deceased woman. Citation issued with no objections; legal heir consented by affidavit. Petition treated as uncontested and allowed.

What did the court decide?

Letters of Administration granted to the petitioners for the properties in Schedule-I, subject to verification and account filing.

Kanan Vimal Gandecha nee Kanan Kantilal Devani vs… — Succession and Inheritance | Bombay HC (2024)

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1 56.TP/4776/2024

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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/4776/2024 P. C. Shri. Nankishor Supal i/b Divya Shah & Associates Ld. Advocate (AMH20240127475 : for the Petitioner C202400021)

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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 Manjula Kantilal Devani alias Manjula Devani alias Manjula K. Devani w/o Kantilal Veljibhai Devani (For short “Said deceased”). The petitioners, namely (1) Kanan Vimal Gandecha nee Kanan Kantilal Devani (2) Snehal Devani nee Snehal Kantilal Devani, 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 31-10-1997 at Middlesex, UK leaving behind her 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

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2 56.TP/4776/2024

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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.

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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, inter-se.

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Petitioners have filed the administration Bond in prescribed form No. 118 with surety.

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Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Daughters of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioners 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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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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

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What did the court decide?

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