Dayavathi Pramanand Suvarna v. Pramanand Krishna Suvarna (Deceased)

1 63.TP/219/2024 Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 21st March, 2024 FOR COMPLIANCE:

P. C.

:

Shri. Shailesh Salvi i/b Radhika Warerkar Ld. Advocate for the

63. TP/219/2024 (ECHCBM022139 12023) 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 PRAMANAND KRISHNA SUVARNA (For short "Said deceased"). The petitioner, namely DAYAVATHI PRAMANAND SUVARNA, 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 administration bond online having document no. EDHCBM02183752024 and affidavit of service having document no. EDHCBM02154952024.

3) Said deceased died on 01/12/2022 at Udupi, Karnataka leaving behind him 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 63.TP/219/2024 treated as uncontested one.

5) Petitioner has filed the administration Bond in prescribed form No. 118 with surety. In view of the order passed by the Hon'ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner being the sole class-I heir of the deceased is exempted from furnishing the administrative bond.

6) Ld. Advocate for the petitioner submitted that in view of provisions of Hindu Succession Act, 1956, the petitioner, being widow 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. 21st March, 2024 Officer on Special Duty, with Testamentary Department