Disposed¶13

Anita Narinder Kishinchandai v. Arjun Dwarkadas Lalwani (Deceased No 1)

Bombay HC10 Mar 2025TP/4694/2024

Case brief

AI extract

What is this about?

Letters of administration; joint testamentary petition by common heir of husband and wife; properties held independently by each deceased; devolution of interest on death; maintainability of joint petition; court fee computation; TP/4694/2024; AMH20210051493C 202400015; TP(L) 6752/2021; Arjun Dwarkadas Lalwani; Meena Arjun Lalwani; P. A. Jagdale, Officer on Special Duty, Testamentary Department; Hiral Thakkar; order dated 31.01.2025; next date 12.02.2025.

What did the court decide?

Interim compliance order: learned advocate for the petitioner directed to seek necessary directions from the Hon'ble Court to proceed with the joint petition notwithstanding that the Schedule-I properties are not jointly held by the two deceased, and on computation of court fee; matter adjourned (S.O.) to 12.02.2025. ¶13

Anita Narinder Kishinchandai vs Arjun Dwarkadas Lalwani (Deceased No 1) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner may prosecute the joint testamentary petition in its present form although the properties in Schedule-I are not jointly held by deceased No. 1 and deceased No. 2. +1 more

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Court's answer

The submission regarding devolution of interest in the property described at Sr. No. 1 of Schedule-I upon deceased No. 2 is accepted.

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Ratio / Principle

Letters of administration are nevertheless to be granted to administer the said property, which is still in the name of deceased No. 1.

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Key takeaways

Although the heir of deceased No. 1 and deceased No. 2 is the same, the properties were held by them independently; therefore the office submission made in testamentary petition TP(L) 6752/2021 has no application to the present case.ratio¶10
Learned advocate for the petitioner was directed to seek necessary directions from the Hon'ble Court to proceed with the petition even though the Schedule-I properties are not jointly held by the two deceased.ratio¶13

Detailed headnote1 paragraphs

Testamentary Petition TP/4694/2024 (Testamentary Department, order dated 31.01.2025, Shri P. A. Jagdale, Officer on Special Duty): Joint petition for letters of administration concerning two deceased persons — Arjun Dwarkadas Lalwani (died 25.07.2019) and Meena Arjun Lalwani (died 17.03.2024), husband and wife — who held the Schedule-I properties independently. The Court accepted the submission that on the death of deceased No. 1 the property at Serial No. 1 devolved upon deceased No. 2, but held that letters of administration must still be granted to administer that property as it stands in the name of deceased No. 1. The office submission in testamentary petition TP(L) 6752/2021 was held to have no application to the present case. Counsel was directed to seek necessary directions from the Hon'ble Court on prosecution of the petition in its present form and on computation of court fee. Adjourned to 12.02.2025.

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Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 31^st January, 2025

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FOR COMPLIANCE:

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TP/4694/2024 (AMH20210051493C 202400015)

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P. C. : Shri. Hiral Thakkar Ld. Advocate for the Petitioner

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Ld. Advocate for the petitioner submit states that deceased No. 1 and 2 are husband and wife and therefore the joint petition is presented.

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The deceased No. 1, namely Arjun Dwarkadas Lalwani, died on 25.07.2019 and the deceased No. 2, namely Meena Arjun Lalwani, died on 17.03.2024.

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Property mentioned at Serial No. 1 was held by the deceased No. 1 and the property mentioned at Sr. No.2 was held by the deceased No.2. Hence, query raised about maintainability of the petition, in present form.

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Ld. Advocate for the petitioner submits that upon the death of the deceased No. 1, property mentioned at Serial No. 1 is devolved upon the deceased No. 2 and the petitioner. Hence, the joint petition is filed.

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Submission regarding devolution of interest in the property, described at Sr. No.1 in the schedule-I of the petition, upon the deceased No. 2, is accepted. However, letters of Administration is to be granted to administrator to administer the said property, which is still in the name of the deceased No.1.

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No doubt, heir of the deceased No. 1 and 2 is same. However, properties were held by the deceased No. 1 and 2, independently. Therefore, the office submission made in testamentary petition, having No. TP(L) 6752/2021 has no application to the present case.

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In such case, it will be proper to seek the necessary directions from the Hon’ble Court in respect prosecution of the petition in present form as well as computation of

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Court Fee, in such case.

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Hence Ld. Advocate for the petitioner to seek necessary directions from the Hon’ble Court to proceed with the petition, even properties mentioned in the schedule-I of the petition are not jointly held by the deceased No. 1 and 2.

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S.O. to 12.02.2025.

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31.01.2025 Officer on Special Duty, with Testamentary Department

Anita Narinder Kishinchandai v. Arjun Dwarkadas Lalwani (Deceased No 1)

Case brief

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Anita Narinder Kishinchandai v. Arjun Dwarkadas Lalwani (Deceased No 1)

Case brief

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