Allowed

Appa Dondi Sawant Alias Appa Dhondiba Sawant v. Dhondiba Daulat Sawant Alias Dhondiba Daulata Sawant Alias D D Sawant(Deceased)

Bombay HC11 Mar 2024TP/57/2024

Case brief

AI extract

What is this about?

This order granted Letters of Administration to Appa Dhondi Sawant, the son of the deceased, under the Indian Succession Act, 1925. The court accepted the petitioner's claim as uncontested after verifying legal heir consent, absence of pending litigation, and execution of the administration bond.

What did the court decide?

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

Appa Dondi Sawant Alias Appa Dhondiba Sawant vs… — Succession and Inheritance | Bombay HC (2024)

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1 52. TP/57/2024

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Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 11th March, 2024

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FOR COMPLIANCE:

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TP/57/2024 P. Ms. Jyoti Badgujar i/b Hemant Hasnale Ld. Advocate for the C. : (ECHCBM021882 Petitioner 02023)

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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 Dhondiba Daulat Sawant alias Dhondiba Daulata Sawant alias D. D.Sawant(For short “Said deceased”). The petitioner, namely Appa Dhondi Sawant alias Appa Dhondiba Sawant, has filed documents such as true copy of the death certificate of the deceased, identity proof of the deceased, oath in the prescribed format.

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I have heard Ld. Advocate and perused the petition along with the documents. Ld. Advocate for the Petitioner submitted that she has uploaded administration bond online having document no. EDHCBM02120692024 and affidavit of service online having document no. EDHCBM02120802024.

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Said deceased died on 04/11/2014 at Solapur 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

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2 52. TP/57/2024

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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 heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. They have accepted the facts, regarding their relationship, inter-se.

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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 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:

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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. 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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1. The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period. Office to verify that an Administration Bond is properly executed and uploaded.

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11th March, 2024 Officer on Special Duty, with Testamentary Department

Appa Dondi Sawant Alias Appa Dhondiba Sawant v. Dhondiba Daulat Sawant Alias Dhondiba Daulata Sawant Alias D D Sawant(Deceased)

Case brief

What is this about?

What did the court decide?

Appa Dondi Sawant Alias Appa Dhondiba Sawant v. Dhondiba Daulat Sawant Alias Dhondiba Daulata Sawant Alias D D Sawant(Deceased)

Case brief

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What did the court decide?

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