Allowed

Bhavna Ashok Shah v. Chandravadan Mohanlal Gandhi

Bombay HC30 Mar 2024TP/902/2024

Case brief

AI extract

What is this about?

Uncontested testamentary petition seeking Letters of Administration under the Indian Succession Act, 1925 for properties left by a deceased. Citation was duly published with no objections; the petitioner, being the deceased's daughter and sole class-I heir, exempted from administrative bond, was granted Letters of Administration.

What did the court decide?

Letters of Administration granted to the petitioner for the scheduled properties, subject to office verification of no cross-petition/caveat and filing of account in Petitioner's Oath.

Bhavna Ashok Shah vs Chandravadan Mohanlal Gandhi — Succession and Inheritance | Bombay HC (2024)

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1 54.TP/902/2024

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Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 10th June 2024

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FOR COMPLIANCE:

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TP/902/2024 P. Ms. Sana Khan Ld. Advocate for the Petitioner C. :

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[Original] (ECHCBM022095 32023)

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1) 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 Chandravadan Mohanlal Gandhi (For short “Said deceased”). The petitioner, namely Bhavna Ashok Shah, has filed documents such as true copy of the death certificate of the deceased, affidavit with document to dispense with requisition of identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

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2) I have heard Ld. Advocate and perused the petition along with the documents. Ld. Advocate for the Petitioner submitted that she has uploaded affidavit of service online having document no. EDHCBM02306512024.

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3) Said deceased died Married on 19/02/1999 at Mumbai leaving behind him legal heir, 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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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

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2 54.TP/902/2024

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treated as uncontested one.

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5) 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.

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6) 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, 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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2) 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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3) The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

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10th June 2024 Officer on Special Duty, with Testamentary Department

Bhavna Ashok Shah v. Chandravadan Mohanlal Gandhi

Case brief

What is this about?

What did the court decide?

Bhavna Ashok Shah v. Chandravadan Mohanlal Gandhi

Case brief

What is this about?

What did the court decide?

What the court decided

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