Jai Kishinchand Mirchandani v. Vanita Kishinchand Mirchandani (Deceased)

1 49.TP/180/2024 Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 19th March, 2024 FOR COMPLIANCE:

P. C.

:

Shri. B. G. Saraf Ld. Advocate for the Petitioner

49. TP/180/2024 (ECHCBM020247 12023)

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 Vanita Kishinchand Mirchandani (For short "Said deceased"). The petitioner, namely Jai Kishinchand Mirchandani, has 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 Petitioner submitted that he has uploaded affidavit of service online having document no. EDHCBM02129542024.

3) Said deceased died on 24/07/2020 at Mumbai leaving behind her legal heir, shown in paragraph No. 4 of the petition. Petitioner states 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 is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is

2 49.TP/180/2024 treated as uncontested one.

5) Petitioner has not filed the administration Bond in prescribed form No. 118 with surety. In view of the order, passed in TP No. 2918 of 2023, the petitioner is sole surviving brother and legal heir of the deceased and therefore he is 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 Brother 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, the following order:

ORDER

1) Petition is allowed and the Letters of Administration be granted to the petitioner 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. 19th March, 2024 Officer on Special Duty, with Testamentary Department