Bhavanji Hansraj Gala v. Purbai Kuvarji Gala (Deceased)
Testamentary Petition – Letters of Administration
Case brief
What is this about?
Uncontested testamentary petition (TP) for Letters of Administration under the Indian Succession Act, 1925 by Bhavanji Hansraj Gala, brother-in-law and sole heir of deceased Purbai Kunvarji Gala alias Purbai Kuvarji Gala (widow, died 11-09-2013, Mumbai); citation under Rule 397(1) and (4) and Collector's notice under Rule 396, Bombay High Court (O.S.) Rules, 1980; delay explained vide Rule 382; administrative bond exemption resting on order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022; Hindu Succession Act, 1956 invoked for entitlement; petition allowed; grant effective throughout Maharashtra; conditions — filing of account per Petitioner's Oath and verification of no cross-petition/caveat before issuance.
What did the court decide?
Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925; petitioner directed 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 or caveat resisting the petition is filed.