Allowed

Renu Singh Jamuval W O Atul Singh Jamuval v. Atul Singh Jamuval Alias Atul Kishen Singh Jamuval (Deceased)

Bombay HC13 Mar 2024TP/95/2024

Case brief

AI extract

What is this about?

Petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of the petitioners' father. Citation duly issued with no objections; heirs exempted from surety bond. Petition allowed and administration granted.

What did the court decide?

Letters of Administration granted to both petitioners for the scheduled properties of the deceased.

Renu Singh Jamuval W O Atul Singh Jamuval vs Atul… — Succession and Inheritance | Bombay HC (2024)

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1 76.TP/95/2024

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Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 26th April, 2024

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FOR COMPLIANCE:

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TP/95/2024 P. Ms. Shradha Singh a/w Shri. Sundeep Solanki Ld. C. : [Original] Advocate for the Petitioner

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[Original] (ECHCBM0218802 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 Atul Singh Jamuval alias Atul Kishen Singh Jamuval (For short “Said deceased”). The petitioners, namely (1) Renu Singh Jamuval S/o Atul Singh Jamuval and (2) Devika Singh Jamuval D/o Atul Singh Jamuval, have 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. Ld. Advocate for the petitioner submitted that he has uploaded affidavit of service online having document no. EDHCBM02268332024

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Said deceased died Married on 16/01/2023 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state that there are no other legal heirs to the deceased, except heirs shown in the petition. Deceased left properties shown in the schedule. 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

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2 76.TP/95/2024

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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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In view of the Order, passed in the TP No. 2918/2023, the all legal heirs of the deceased are petitioners, and therefore they are exempted from the furnishing the surety Bond.

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Ld. Advocate for the petitioner submitted that in view of provisions of Hindu Succession Act, 1956, the petitioner No.1 being son and Petitioner No. 2 being daughter of the deceased, are 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 petitioners 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.

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26th April, 2024 Officer on Special Duty, with Testamentary Department

Renu Singh Jamuval W O Atul Singh Jamuval v. Atul Singh Jamuval Alias Atul Kishen Singh Jamuval (Deceased)

Case brief

What is this about?

What did the court decide?

Renu Singh Jamuval W O Atul Singh Jamuval v. Atul Singh Jamuval Alias Atul Kishen Singh Jamuval (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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