Ishvarbhai Khalapbhai Rathod v. Gopalbhai Makanbhai Rathod (Deceased)
Uncontested testamentary petition – Letters of Administration under the Indian Succession Act, 1925
Case brief
What is this about?
Letters of Administration; testamentary petition (TP 291/2025); Indian Succession Act 1925; Hindu Succession Act 1956 ss. 8, 15(1)(b), 15(1)(c), 15(1)(d) r/w Rule 3 of s.16; uterine brothers and sisters; widow's father's heirs; brother-in-law as applicant; uncontested grant; citation Rules 396/397 Bombay High Court (O.S.) Rules 1980; delay Rule 382; administration bond Form No. 118; consent affidavits of legal heirs; Bhayander, Dist. Thane; CJSD Thane Misc. Petition 598/2016 (Ramesh Rathod v. Kuwarjibhai K. Rathod); Gopalbhai Makanbhai Rathod (deceased); Ishvarbhai Khalapbhai Rathod (petitioner); Neville Deboo (advocate); Officer on Special Duty, Testamentary Department.
What did the court decide?
Letters of Administration granted to the petitioner (Ishvarbhai Khalapbhai Rathod) for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925; petitioner directed to file account as undertaken in the Petitioner's Oath within stipulated period; before issuance of the grant, the office to verify that no cross petition is pending or caveat resisting the petition is filed.