Framji Nuswanji Petit v. Rodabeh Sawhny (Deceased)
Case brief
What is this about?
Uncontested testamentary petition for Letters of Administration; Indian Succession Act, 1925; deceased Rodabeh Sawhny died 09/08/1994 at Mumbai; alleged Will dated 08.09.1992; Probate in TP/257/1997 granted 07.02.1998; revocation of Probate in Misc. Petition No. 137/2019 by order dated 24.01.2004; Testamentary Petition restored; surviving Executor Phiroze Katrak withdrew petition; citation under Rules 396 and 397(1) and (4), Bombay High Court (O.S.) Rules, 1980; delay explained under Rule 382; heirs' consent affidavits; administration bond Form No. 118 with surety; grant conditional on filing of account and verification of no cross-petition/caveat; decided 18th September 2025 by Shri. P. A. Jagdale, Officer on Special Duty, Testamentary Department.
What did the court decide?
Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925; petitioners to file an account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant, the office to verify that no cross-petition is pending and no caveat resists the petition.