Deepak Shriniwas Tyagi v. Shreeniwas Alias Shriniwas Murlidhar Tyagi (Deceased)

20-JOT-120-2024 (OS).doc ETHAPE DNYANESHWAR ASHOK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ETHAPE DNYANESHWAR ASHOK Date: 2024.08.23 10:36:27 +0530 TESTAMENTARY AND INTESTATE JURISDICTION JUDGES ORDER (TESTAMENTARY) NO. 120 OF 2024 IN TESTAMENTARY PETITION NO. 2249 OF 2021 Deepak Shriniwas Tyagi

...Petitioner

Versus

Shreeniwas @ Shriniwas Murlidhar Tyagi ...Deceased *** Mr. Moreshwar Patade i/by Ragunath S. Gawde for Petitioner. ***

CORAM

:

N. J. JAMADAR, J.

DATE :

21st AUGUST 2024 PC.

:

1.

Heard the learned Counsel for the Petitioner. 2.

This Judge's Order is taken out seeking permission of the Court to sell the property i.e. Flat No.03, building No.3/A, Majaswadi Fantacy View Mhada Colony, PMGP Colony, Andheri (E), Mumbai, described in the Schedule of Assets appended to the grant.

3.

The Letters of Administration to the properties and credits of Shreeniwas @ Shriniwas Murlidhar Tyagi, the father of the petitioner, were granted by an order dated 21st February 2022. Post grant, Maharashtra Housing and Area Development D.A.ETHAPE

20-JOT-120-2024 (OS).doc Authority (MHADA) has transferred the subject premises in the name of the petitioner.

4.

In the affidavit in support of the Judge's Order, it is averred that the petitioner has entered into an agreement to sell the subject premises for a consideration of Rs.50 lakhs. A copy of an agreement for sale is annexed at Exhibit-C. Two of the surviving heirs namely Sunita S. Tyagi, the daughter of the deceased, and Mr.Deepak S. Tyagi, another son of the deceased, have filed affidavits giving their consent for sale of the said premises. It appears that the subject premises is agreed to be sold for an optimum consideration. I do not find any impediment in granting the permission to sell the subject premises. 5.

Judge's Order is accepted and signed separately. (N. J. JAMADAR, J.) D.A.ETHAPE