Allowed

Kanchan Ashok Kajrolkar v. Ashok Pandharinath Kajrolkar

Bombay HC16 Mar 2024TP/780/2024

Case brief

AI extract

What is this about?

Uncontested petition for Letters of Administration for properties of two deceased brothers. Citation expired without objection, legal heirs consented by affidavits, administration bond filed. Petition allowed and grant ordered subject to office verification of caveats.

What did the court decide?

Letters of Administration granted to petitioner for scheduled properties, subject to verification of no caveat/cross-petition and filing of account.

Kanchan Ashok Kajrolkar vs Ashok Pandharinath… — Succession and Inheritance | Bombay HC (2024)

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1 28.TP/780/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 08th July 2024

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FOR COMPLIANCE:

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28.TP/780/2024 P.C. Mr. A L Mirza, Ld. Advocate for the Petitioner : [Original]

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(ECHCBM020101 92024)

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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 (1) Ashok Pandharinath Kajrolkar and (2) Ramesh Pandharinath Kajrolkar (For short “Said deceased”). The petitioner, namely Kanchan Ashok Kajrolkar, 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.

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I have heard Ld. Advocate and perused the petition along with the documents.

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Said deceased died No. 1 was Married and No. 2 was Bachelor on No. 1 died on 19/09/2022 and deceased No. 2 died 01/12/2010 at No. 1 died at Mumbai and deceased No. 2 died at Thane leaving behind them 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 appeared to resist the claim of the petitioner or nothing is

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2 28.TP/780/2024

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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 deceasedhave 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 Hindu Succession Act, 1956, the petitioner, being Widow of deceased No. 1 and Sister in law of the deceased No.2 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. Necessary endorsement be made on the administration Bond, subject to satisfaction of the Department.

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08th July 2024 Officer on Special Duty, with Testamentary Department

Kanchan Ashok Kajrolkar v. Ashok Pandharinath Kajrolkar

Case brief

What is this about?

What did the court decide?

Kanchan Ashok Kajrolkar v. Ashok Pandharinath Kajrolkar

Case brief

What is this about?

What did the court decide?

What the court decided

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