Grace Jacintha Pinto v. Mathew Anthony Chriphiano Pinto (Deceased)

2 38.TP/5422/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 27th March 2025 FOR COMPLIANCE:

38. TP/5422/2024 P.

C. :

Ms. Nerissa Almedia Ld. Advocate for the Petitioner

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 Mathew Anthony Chrispiano Pinto (For short "Said deceased"). The petitioner, namely Grace Jascinta Pinto, has filed documents.

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

3) Said deceased died as a married on 26/03/2021 at Mumbai leaving behind him legal heir, 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.

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 This Order is modified/ corrected as per the order of the speaking to the minutes dated dated 25.04.2025

2 38.TP/5422/2024 treated as uncontested one.

5) The petitioner states that the petitioner is sole surviving legal heir of the deceased and there are no other legal heirs falling u/s Sec. 28 read with Schedule-I of the Indian Succession Act, 1925. Ld. advocate's this submission is taken on the record.

6) In view of the Order, passed in the TP No. 2918/2023, the petitioner being sole legal heir and therefore he is exempted from the furnishing the administration Bond.

7) Ld. Advocate for the petitioner submitted that in view of provisions of the Indian Succession Act, 1925, the petitioner, being Widow 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:

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.

27th March 2025 Officer on Special Duty, with Testamentary Department This Order is modified/ corrected as per the order of the speaking to the minutes dated dated 25.04.2025