Swati H. Papaiya v. Monmohandas Jamnadas Shah (Deceased)

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14. JOT 92-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION JUDGE'S ORDER NO.92 OF 2017 IN TESTAMENTARY PETITION NO.566 OF 2016 Manmohandas Jamnadas Shah ...

Deceased Swati Harit Papaiya ...

Petitioner .....

Mr. Prabhu Velar for the Petitioner.

.....

CORAM : S.C.GUPTE, J.

DATE : 9 OCTOBER 2017 P.C. :

.

The present application by way of Judge's Order is moved by the Petitioner, who is a grantee of Letters of Administration to the estate of the deceased Manmohandas Jamnadas Shah. The testamentary petition was unopposed. All heirs and next of kin of the deceased according to the Hindu Succession Act, 1956, whose names and particulars are set out in paragraph-4 of the petition, filed consent affidavits for grant of Letters of Administration to the Petitioner. The grant was accordingly made on 21 December 2016. The Petitioner now seeks leave to sell the property forming part of the estate of the deceased for a sum of Rs.1,27,00,000/- as per Memorandum of Understanding dated 27 August 2017, annexed as Exhibit 'B' to the affidavit in support to the Judge's Order, to the three parties mentioned in the Judge's Order. All four legal heirs and next of kin other than the Petitioner have separately affirmed affidavit-cum-no

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14. JOT 92-17.doc objection in support of the Judge's Order. The application of the Petitioner is accordingly allowed. A separate Judge's Order is signed to that effect. (S.C. GUPTE, J.)