Allowed

Franco Michaelo Luis Linhares v. Pio Capistrano Faustino Luis Linhares

Bombay HC16 Mar 2024TP/689/2024

Case brief

AI extract

What is this about?

Testamentary petition for Letters of Administration under the Indian Succession Act, 1925 for properties left by a widower who died in Mumbai. Citation expired without objection; legal heirs consented by affidavit; petition treated as uncontested and allowed.

What did the court decide?

Letters of Administration granted to petitioner for scheduled properties of the deceased, subject to account filing and verification of no caveat.

Franco Michaelo Luis Linhares vs Pio Capistrano… — Succession and Inheritance | Bombay HC (2024)

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1 22.TP/689/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 19th September, 2024

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FOR COMPLIANCE:

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TP/689/2024 P. Shri. Saurabh Oka Ld. Advocate for the Petitioner C. :

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[Original]

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(ECHCBM022148 82023)

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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 of Pio Capistrano Faustino Luis Linhares (For short “Said deceased”). The petitioner, namely Franco Michaelo Luis Linhares, 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 bond is executed for the higher amount than schedule amount and same may be accepted. 3) Said deceased died as a Widower on 04/01/2022 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.

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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

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2 22.TP/689/2024

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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 the Indian Succession Act, 1925, 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. 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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Officer on Special Duty,

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19th September, 2024 Officer on Special Duty, with Testamentary Department

Franco Michaelo Luis Linhares v. Pio Capistrano Faustino Luis Linhares

Case brief

What is this about?

What did the court decide?

Franco Michaelo Luis Linhares v. Pio Capistrano Faustino Luis Linhares

Case brief

What is this about?

What did the court decide?

What the court decided

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