Gurunath Bhalchandra Tare v. Jankibai Jagannath Vaity (Deceased)

1 50. TP/129/2024 Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 20th March, 2024 FOR COMPLIANCE:

P. C.

:

Shri. V. K. Rajbhar i/b K S Jadhavar Ld. Advocate for the

50. TP/129/2024 (ECHCBM021591 32023) 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 JANKIBAI JAGANNATH VAITY (For short "Said deceased"). The petitioners, namely (1) Gurunath Bhalchandra Tare and (2) Ramesh Bhalchandra Tare, have filed documents such as a true copy of the death certificate of the deceased, affidavit to dispense with an 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.

3) Said deceased died on 20/09/1990 at Mumbai leaving behind her 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. The delay has been explained vide Rule 382 of the Rules.

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 is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is

2 50. TP/129/2024 treated as uncontested one.

5) Legal heirs of the deceased have consented by way of Affidavits to grant prayer of the petitioner to grant a Letters of Administration, without reserving any right. They have accepted the facts, regarding their relationship, inter-se.

6) Petitioners have filed the administration Bond in prescribed form No. 118 with surety.

7) Ld. Advocate for the petitioner submitted that in view of provisions of Hindu Succession Act, 1956, the petitioner, being petitioners being grand sons 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, 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. Office to verify that an Administration Bond is properly executed and uploaded.

20th March, 2024 Officer on Special Duty, with Testamentary Department