Allowed

Aakanksha Arvind Satnaik v. Arvind Tukaram Satnaik

Bombay HC2 Mar 2024TP/566/2024

Case brief

AI extract

What is this about?

Petitioner, the sole class-I heir of the deceased, sought Letters of Administration under the Indian Succession Act. The citation period expired without objection. The court allowed the petition, dispensed with the bond, and directed issuance of the grant subject to verification and filing of accounts.

What did the court decide?

Letters of Administration were granted to the petitioner for the properties of the deceased.

Aakanksha Arvind Satnaik vs Arvind Tukaram Satnaik — Succession and Inheritance | Bombay HC (2024)

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1 56.TP/566/2024

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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/566/2024 P. Ms. Sneha Pawar i/b Lata Nagal Ld. Advocate for the (ECHCBM02154162 C. : Petitioner 023)

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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 Arvind Tukaram Satnaik (For short “Said deceased”). The petitioner, namely Aakanksha Arvind Satnaik, 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.

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Said deceased died on 02-05-2021 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 an uncontested one.

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Petitioner has filed the administration Bond in

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2 56.TP/566/2024

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prescribed form No. 118 with surety. 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 daughter 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

Aakanksha Arvind Satnaik v. Arvind Tukaram Satnaik

Case brief

What is this about?

What did the court decide?

Aakanksha Arvind Satnaik v. Arvind Tukaram Satnaik

Case brief

What is this about?

What did the court decide?

What the court decided

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