Allowed

Nandlal Hari Kewalia v. Hari Khemji Kewalia

Bombay HC12 Aug 2024TP/927/2024

Case brief

AI extract

What is this about?

Testamentary petition by a son seeking Letters of Administration under the Indian Succession Act, 1925 for properties left by his two deceased parents. Citation was issued and unopposed; petition treated as uncontested. Petition allowed, administration granted.

What did the court decide?

Letters of Administration granted to the petitioner for the scheduled properties; exemption from administrative bond.

Nandlal Hari Kewalia vs Hari Khemji Kewalia — Succession and Inheritance | Bombay HC (2024)

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1 36.TP/927/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 28th August, 2024

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FOR COMPLIANCE:

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TP/927/2024 P. C. Shri. Omkar Sawant i/b Vishal Kava Ld. Advocate for the : [Original] Petitioner

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[Original]

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(ECHCBM0214789 2023)

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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) HARI KHEMJI KEWALIA and (2) USHARANI HARI KEWALIA (For short “Said deceased”). The petitioner, namely NANDLAL HARI KEWALIA, has filed documents. 2) I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificates of the both the deceased, identity proofs of the both the deceased, oath in the prescribed format, affidavit of service citation.

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Said deceased No. 1 died as a widower on 25/03/2023 and Deceased No. 2 died as a Married on 17/01/2019 at No. 1 died at Dubai and No. 2 died at Dubai leaving behind them legal heir, shown in the paragraph No. 5 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 36.TP/927/2024

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treated as uncontested one.

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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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Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Son of the both the deceased 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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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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28th August, 2024 Officer on Special Duty, with Testamentary Department

Nandlal Hari Kewalia v. Hari Khemji Kewalia

Case brief

What is this about?

What did the court decide?

Nandlal Hari Kewalia v. Hari Khemji Kewalia

Case brief

What is this about?

What did the court decide?

What the court decided

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