Prakash Dularam Panjabi v. Jyoti Prakash Panjabi (Deceased)

1 40.TP/19/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 03rd April 2024 FOR COMPLIANCE:

40. TP/19/2024 P.

C. :

Ms. Meetal Savla a/w Shri. Uttam Rane i/b Miraj Bharapuria Ld. Advocate for the Petitioners (ECHCBM022011 92023)

1) This is a petition for the grant of Letters of Administration, under the provisions of the Indian Succession Act, 1925 (for short "IS Act") for the properties left by the deceased, namely JYOTI PRAKSH PANJABI (For short "Said deceased"). The petitioners, namely (1) Prakash Dularam Panjabi, (2) Dinesh Prakash Panjabi and (3) Yogesh Prakash Panjabi, have filed documents such as a true copy of the death certificate of the deceased, identity proof of the deceased, and oath in the prescribed format.

2) I have heard Ld. Advocate and peruse the petition along with the documents. Ld. Advocate for the petitioners submitted that she has uploaded affidavit of service online having document no.

EDHCBM02146112024 and administration bond online having document no. EDHCBM02104442024.

3) Said deceased died on 10-02-2023 at Mumbai leaving behind him legal heirs, shown in paragraph No. 4 of the petition. Petitioners state that there are no other legal heirs to the deceased, except heirs shown in the petition. Deceased left properties are shown in the schedule.

4) Citation was issued, which has been duly affixed on the conspicuous part of the Hon'ble High Court and notice board of the Collector's Office at Mumbai and 14 days have 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 the collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing has

2 40.TP/19/2024 been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as an uncontested one.

5) Petitioners have filed the administration Bond in prescribed form No. 118 with surety. In view of the order, passed in TP No. 2918 of 2023, all legal heirs are petitioners and therefore they are exempted from executing Administration Bond.

6) Ld. Advocate for the petitioner submitted that in view of provisions of Hindu Succession Act, 1956, the petitioner, being petitioner no. 1 being husband, petitioner Nos. 2 and 3 being sons of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner, on oath, remained unchallenged and required to be accepted. Accordingly, the petition deserves to be allowed, as prayed for. Hence, the following order:

ORDER

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

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

3) The petitioner is to file an account as undertaken in a Petitioner's Oath within the stipulated period. 03rd April 2024 Officer on Special Duty, with Testamentary Department