Tushar Padmakar Lakhe v. Late Padmakar Trimbak Lakhe

1 42.TP/133/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 10th April, 2024 FOR COMPLIANCE:

42. TP/133/2024 (ECHCBM02062572 023) P.C.

:

Shri, Nikhil Ghate Ld. Advocate for the Petitioner

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 (1) Padmakar Trimbak Lakhe and (2) Lalita Padmakar Lakhe (For short "Said deceased"). The petitioners, namely (1) Tushar Padmakar Lakhe, (2) Rashmi Milind Thosar and (3) Manisha Padmakar Lakhe, have filed documents such as a true copy of the death certificates 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 Petitioner submitted that he has uploaded affidavit of service online having document no.

EDHCBM02224082024 and administration bond online having document no. EDHCBM02224132024.

3) Said deceased died on 19-08-2021 and 30-07-2022 at Pune, respectively leaving behind them 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

2 42.TP/133/2024 issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing has been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as an uncontested one.

5) 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 No. 1 being son and No. 2 and 3 being daughters 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. 10th April, 2024 Officer on Special Duty, with Testamentary Department