Varsha Alias Varshaa Chandramohan Parab v. Chandramohan Tanaji Parab (Deceased)

1 47.TP/128/2024 Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 15th March, 2024 FOR COMPLIANCE:

47. TP/128/2024 (ECHCBM022069 72023) Shri. Ravindra Khilare Ld. Advocate for the Petitioner P. C.

:

1) This is a petition for 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 Chandramohan Tanaji Parab (For short "Said deceased"). The petitioners, namely (1) Varsha alias Varshaa Chandramohan Parab, (2) Sayali Chandramohan Parab and (3) Anushree Chandramohan Parab, 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 peruse the petition along with the documents. Ld. Advocate for the Petitioner submitted that he has uploaded an affidavit of service online having document no. EDHCBM02116762024.

3) Said deceased died on 14/07/2022 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 47.TP/128/2024 brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as an uncontested one.

5) Petitioners have not filed the administration Bond in prescribed form No. 118 with surety. 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 widow and Nos. 2 and 3 being daughters of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner, 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 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. 15th March, 2024 Officer on Special Duty, with Testamentary Department