Allowed

Suhasini Subhash Gawade @ Jyotsna Gopal Parab v. Sangeeta Gopal Parab (Deceased)

Bombay HC3 Feb 2024TP/97/2024

Case brief

AI extract

What is this about?

Testamentary petition by two daughters of deceased Sangeeta Gopal Parab seeking Letters of Administration for her properties. Citation expired without objection; petition uncontested. Court allowed the petition and granted Letters of Administration subject to verification and filing of accounts.

What did the court decide?

Letters of Administration granted to petitioners for scheduled properties, subject to office verification of no cross-petition or caveat.

Suhasini Subhash Gawade @ Jyotsna Gopal Parab vs… — Succession and Inheritance | Bombay HC (2024)

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1 39.TP/97/2024

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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/97/2024

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[Original] (ECHCBM020667 72023)

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P. Ms. Dhanashree Hublikar i/b YMK Legal Ld. Advocate for C. : the Petitioner

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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 Sangeeta Gopal Parab (For short “Said deceased”). The petitioners, namely (1) Suhasini Subhash Gawade @ Jyotsna Gopal Parab and (2) Mrunal Rajan Naik @ Vandana Gopal Parab, 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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2) I have heard Ld. Advocate and perused the petition along with the documents. Ld. Advocate for the Petitioners submitted that she has uploaded affidavit of service online having document no. EDHCBM02283902024

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3) Said deceased died Widow on 24/03/2021 at Mumbai leaving behind her 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 brought to the notice regarding pending litigation

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2 39.TP/97/2024

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pertaining to the same properties. Hence, the petition is treated as uncontested one.

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5) 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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6) Ld. Advocate for the petitioners submitted that in view of provisions of Hindu Succession Act, 1956, the petitioner, being Daughters 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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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

Suhasini Subhash Gawade @ Jyotsna Gopal Parab v. Sangeeta Gopal Parab (Deceased)

Case brief

What is this about?

What did the court decide?

Suhasini Subhash Gawade @ Jyotsna Gopal Parab v. Sangeeta Gopal Parab (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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