Allowed

Farida Powrush Dordy v. Kety Noshir Polishwalla Alias Kety N Polishwalla Alias K N Polishwalla

Bombay HC19 Apr 2024TP/722/2024

Case brief

AI extract

What is this about?

This order grants Letters of Administration to Farida Powrush Dordy, the sole class-I heir, for the properties left by the deceased Kethy Nosir Polishwalla. The petition was allowed as uncontested, exempting the petitioner from an administrative bond.

What did the court decide?

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

Farida Powrush Dordy vs Kety Noshir Polishwalla… — Succession and Inheritance | Bombay HC (2024)

¶1

1 102.TP/722/2024

¶2

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 25th April, 2024

¶3

FOR COMPLIANCE:

¶4

TP/722/2024 P. C. Ms. Sanober Nanavati Ld. Advocate for the Petitioner : [Original]

¶5

(ECHCBM0222121 1) This is a petition for grant of Letters of Administration, 2023) under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely KETY NOSHIR POLISHWALLA alias KETY N. POLISHWALLA, alias K. N. POLISHWALLA(For short “Said deceased”). The petitioner, namely Farida Powrush Dordy, has filed 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. 2) I have heard Ld. Advocate and perused the petition along with the documents.

¶6

Said deceased died widow on 30/05/2016 at Mumbai leaving behind her 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. 4) 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

¶7

2 102.TP/722/2024

¶8

treated as uncontested one.

¶9

In view of 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.

¶10

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 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:

¶11

ORDER

¶12

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.

¶13

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.

¶14

1. The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period. Necessary endorsement be made on the administration Bond, subject to satisfaction of the Department.

¶15

25th April, 2024 Officer on Special Duty, with Testamentary Department

Farida Powrush Dordy v. Kety Noshir Polishwalla Alias Kety N Polishwalla Alias K N Polishwalla

Case brief

What is this about?

What did the court decide?

Farida Powrush Dordy v. Kety Noshir Polishwalla Alias Kety N Polishwalla Alias K N Polishwalla

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Lalit Kumar Son of Krishan Chander Kumar Vs Swadeshlata Krishan Chander Kumar - Deceased

Ajay Nandlal Pachisia vs Indira Nandlal Pachisia (Deceased)

Prakash Nanajibhai Parmar vs Nanji Giga Parmar (Deceased)

Smita Prakash Shirke vs Savitri Mahadeo Vichare (Deceased)

Vijay Manohar Sawant vs Manohar Nanda Sawant

Fatima Abdul Latif Sawkar vs Abdul Latif Sawakar (Deceased)