Kaushaliya Khandu Mokal v. Anusaya Somaji Alinge Alias Anusayabai Somaji Alinge Alias Anusaya Somaji Alinje

1 29.TP/1328/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 18th October, 2024 FOR COMPLIANCE:

29.TP/1328/2024 P.

C. :

Shri. Shashikant Sawadkar Ld. Advocate for the Petitioner [Original]

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 Anusaya Somaji Alinge alias Anusayabai Somaji Alingealias Anusaya Somaji Alinje (For short "Said deceased"). The petitioners, namely Kaushaliya Khandu Mokal, has filed documents.

2) I have heard Ld. Advocate. I perused the 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.

3) Said deceased died as a widow on 25/05/2009 at Mumbai leaving behind her legal heir, shown in the paragraph No. 4 of the petition. Petitioner states that there are no other legal heirs to the deceased, except heir shown in the petition. Deceased left properties shown in the schedule-I of the petition. 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 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 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.

(ECHCBM021481 32023)

2 29.TP/1328/2024

5) In view of the Order, passed in the TP No. 2918/2023, the petitioner, being sole legal heirs, is exempted from the furnishing the surety Bond.

6) Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956 (for short HS Act"), the petitioner, being Sister of the deceased, in absence of legal heirs of Husband of the deceased, vide Sec. 15(1)(b) of the HS Act, 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, 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 file an account as under taken in a Petitioner's Oath within stipulated period.

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.

18th October, 2024 Officer on Special Duty, with Testamentary Department