Lalit Ashok Tambe v. Ashok Ramchandra Tambe (Deceased)

1 37.TP/92/2024 Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 13th March, 2024 FOR COMPLIANCE:

37. TP/92/2024 P.

C. :

Ms. Uma Palsuledesai Ld. Advocate for the Petitioner (ECHCBM020653 92023)

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 Ashok Ramchandra Tambe(For short "Said deceased"). The petitioners, namely (1) Lalit Ashok Tambe,

(2) Kalpana Kumar Mirchandani, (3) Sheetal Suryaprakash Shettigar and (4) Jannat Banu Mohammad Hanif Mistry, have filed documents such as true copy of the death certificate of the deceased, identity proof of the deceased, oath in the prescribed format.

2) I have heard Ld. Advocate and perused the petition along with the documents. Ld. Advocate for the Petitioner submitted that she has uploaded administration bond online having document no. EDHCBM02114212024 and affidavit of service online having document no.

EDHCBM02113202024.

3) Said deceased died on 18/09/2020 at Mumbai leaving behind him legal heirs, shown in the 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 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 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

2 37.TP/92/2024 brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

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

6) Ld. Advocate for the petitioner submitted that in view of provisions of Hindu Succession Act, 1956, the petitioner, being No. 1 being son and Nos. 2 to 4 being daughters 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 petitioners 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) Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

3) The petitioner to file an account as under taken in a Petitioner's Oath within stipulated period. Office to verify that an Administration Bond is properly executed and uploaded.

13th March, 2024 Officer on Special Duty, with Testamentary Department