Allowed

Flora Pankaj Singh v. Late Pankaj Dharampal Singh (Deceased)

Bombay HC30 Jan 2024TP/49/2024

Case brief

AI extract

What is this about?

In an unopposed testamentary petition, the court allowed the plea of the widow-petitioner seeking Letters of Administration for the deceased husband's property under the Indian Succession Act, 1925, noting heirst consent and unchallenged facts.

What did the court decide?

Petition allowed; Letters of Administration granted to the petitioner; petitioner directed to file an account within stipulated period.

Flora Pankaj Singh vs Late Pankaj Dharampal Singh… — Succession and Inheritance | Bombay HC (2024)

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1 22.TP/49/2024

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

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FOR COMPLIANCE:

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TP/49/2024 P. Ms. Komal Gosavi i/b Jaymala Oswal Ld. Advocate for the C. : Petitioner

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[Original]

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(ECHCBM0207761 2023)

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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 Pankaj Dharampal Singh (For short “Said deceased”). The petitioner, namely Flora Pankaj Singh (Now known as Flora Kiran Parakh), has 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, identity proof of the deceased, oath in the prescribed format, affidavit of service citation. Ld. Advocate for the Petitioner submitted that she has uploaded corrected administration bond online having document no. AMH20220000170D202400006.

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Said deceased died as a Married on 29/07/2014 at Delhi 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. 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 regarding pending litigation pertaining

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2 22.TP/49/2024

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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 Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. She has accepted the facts, regarding their relationship, inter-se. Furthermore, one of the legal heir being minor has consented through his mother, who is petitioner. Hence, in view of the order passed in the Testamentary Petition No. 1701 of 2017, there is no requisition to justify the share of minor legal heir, as the petitioner is the birth parent of said minor.

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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 Widow 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:

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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 prescribed format as per the provisions of the Indian Succession Act, 1925.

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1. The petitioner 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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03^rd September, 2024 Officer on Special Duty, with Testamentary Department

Flora Pankaj Singh v. Late Pankaj Dharampal Singh (Deceased)

Case brief

What is this about?

What did the court decide?

Flora Pankaj Singh v. Late Pankaj Dharampal Singh (Deceased)

Case brief

What is this about?

What did the court decide?

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