Allowed

Tejal Kunjan Mody v. Kunjan Chandrakant Mody

Bombay HC2 Mar 2024TP/589/2024

Case brief

AI extract

What is this about?

Testamentary petition by the widow of a deceased for Letters of Administration under the Indian Succession Act. Citations were served and published; consenting heirs gave affidavits of consent. The petition being uncontested, the court granted Letters of Administration for the scheduled properties.

What did the court decide?

Letters of Administration granted to petitioner for properties in Schedule I; petitioner to file account as per oath within stipulated period.

Tejal Kunjan Mody vs Kunjan Chandrakant Mody — Succession and Inheritance | Bombay HC (2024)

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1 32.TP/589/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date:- 12th November, 2024

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FOR COMPLIANCE:

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TP/589/2024 P. C. Ms. Shruti Lakhani Ld. Advocate for the Petitioner

[Original]

(ECHCBM022174 02023)

with

CHOL/392/2024 (ECHCBM021516 02024)

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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 Kunjan Chandrakant Mody (For short “Said deceased”). The petitioner, namely Tejal Kunjan Mody, 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.

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Said deceased died as a married on 07/07/2012 at Mumbai 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-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 brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

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2 32.TP/589/2024

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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. Legal heirs have accepted the facts, regarding their relationship, interse.

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Citation to Achala, Parinda and Shailja, non-consenting legal heirs of the deceased was issued, which was not duly served vide Rule 399 of the Rules. Hence, chamber order, having No. 392/2024 has been taken out by the Petitioner to serve the Citation to non-consenting legal heirs of the deceased by publishing citation in the daily newspaper namely, “Free Press Journal” and “Janmabhoomi”. Accordingly, affidavit of service has been filed by the Ld. Advocate for the petitioner regarding service vide Rule 400 of the Rules. However, non-consenting legal heirs did not resist the petition. Hence, office has directed the petitioner to justify the share of non-consenting legal heirs. Furthermore, the Hon’ble Court has dispensed with the requisition vide an Order dated 18.10.2024.

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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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3 32.TP/589/2024

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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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12th November, 2024

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Officer on Special Duty,

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with Testamentary Department

Tejal Kunjan Mody v. Kunjan Chandrakant Mody

Case brief

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Tejal Kunjan Mody v. Kunjan Chandrakant Mody

Case brief

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What did the court decide?

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