Chaitali Krishna Shirali v. Konaje Chidananda Rao ( Deceased)

1 45.TP/508/2024 Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 10th June 2024 FOR COMPLIANCE:

45. TP/508/2024 P.

C. :

Ms. Sujata Popalkar i/b Milind Shewale Ld. Advocate for the Petitioner [Original] (ECHCBM022152 32023)

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 Konaje Chidananda Rao Alias Konaje Chidanand Rao alias Konaje C. Rao alias K. C. Rao (For short "Said deceased"). The petitioner, namely Chaitali Krishna Shirali Nee Chaitali Chidanand Konaje, has filed documents such as true copy of the death certificate of the deceased, identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

2) I have heard Ld. Advocate and perused the petition along with the documents. Ld. Advocate for the Petitioner submitted that she has uploaded administration bond having document no. EDHCBM02185992024 and affidavit of service online having document no. EDHCBM02294162024 and consent affidavit of Chetan having document no.

EDHCBM02294412024.

3) Said deceased died Widower on 24/08/2023 at Mumbai leaving behind him legal heirs, shown in the 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 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

2 45.TP/508/2024 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 treated as uncontested one.

5) Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. He has accepted the facts, regarding their relationship, inter-se.

6) Petitioner has filed the administration Bond in prescribed form No. 118 with surety. However, it is necessary to direct her to execute for the gross amount.

7) Ld. Advocate for the petitioner submitted that in view of provisions of Hindu Succession Act, 1956, the petitioner, being Daughter of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir of the deceased, 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 petitioner for properties, left by the deceased and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925.

2) The petitioner to correct the Administration Bond as per Rule 420 of the Bombay High Court (Original Side) Rules, 1980 within one week from the date of uploading this order.

3) Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

4) The petitioner to file an account as under taken in a Petitioner's Oath within stipulated period. Necessary endorsement be made on the administration Bond, subject to satisfaction of the Department.

10th June 2024 Officer on Special Duty, with Testamentary Department