Urmila Sushil Biyani v. Kamla Nandkishore Maheshwari (Deceased)

1 13.TP/53/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 28th February, 2025 FOR COMPLIANCE:

13. TP/53/2024 P.C Mr. Vishwabhushan Kamble i/b. Agram Legal Consultats, Advocate for the Petitioner.

[Original]

1) This is a petition for grant of Letters of Administration, under the Provisions of Indian Succession Act, 1925 (for short "IS Act") for the properties left by the deceased, namely Kamla Nandkishore Maheshwari (For short "Said deceased"). The petitioner, namely Urmila Sushil Biyani, has filed documents.

2) I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, affidavit with document to dispense with requisition of identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

3) Said deceased died as a Married on 21/12/2011 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioner states that there are no other legal heirs to the deceased, except heirs shown in the petition. Deceased left properties shown in the schedule-I of the petition. The delay has been explained vide Rule 382 of the Rules.

4) Citation was issued, which has been duly affixed on the Notice Board of the Hon'ble High Court and notice board of the Collector's Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High Court(O.S.) Rules, 1980(for short "BHC Rules") and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is

2 13.TP/53/2024 treated as uncontested one.

5) Citation to non-consenting legal heirs of the deceased, namely Sadhana, Dharmesh, was issued, which is duly served by sheriff vide Rule 399 of the BHC Rules. However, non-consenting legal heirs did not resist the petition. Hence, office has directed to the petitioner to justify the share of these non-consenting legal heirs.

6) Petitioner has taken out a Judge's Order, having No. 33/2025, and undertaken that he will transfer the share of non-consenting legal heir in scheduled property and deposit the such deed with office of Prothonotary and Senior Master of this Court. Hence, the petition is taken for further order.

7) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

8) Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Daughter of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:

9) ORDER

1) Petition is allowed and the Letters of Administration be granted to the petitioner for properties, left by the deceased and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925.

2) The petitioner to file an account as under taken in a Petitioner's Oath within stipulated period.

3) Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

28th February, 2025 Officer on Special Duty, with Testamentary Department