Mukatabai Dattatary Alias Dattu Dhanawade v. Dattatray Alias Dattu Sitaram Dhanawade (Deceased)
16-JOT-129-2024 modified (OS).doc This Order is modified/corrected by Speaking to Minutes Order dated 11.09.2024.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION JUDGES ORDER (TESTAMENTARY) NO. 129 OF 2024 IN TESTAMENTARY PETITION NO. 1585 OF 2012 Mukatabai Dattatary @ Dattu Dhanawade
...Petitioner
Versus
Dattatray @ Dattu Sitaram Dhanawade ...Deceased *** Mr.Atul N Katkar for the Petitioner.
*** by ETHAPE DNYANESHWAR ASHOK Date: 2024.09.13 11:08:27 +0530 ETHAPE DNYANESHWAR ASHOK
CORAM
:
N. J. JAMADAR, J.
DATE :
4th SEPTEMBER 2024 PC.
:
1.
Heard the learned Counsel for the Petitioner. 2.
The learned Counsel for the Petitioner seeks leave to tender an additional affidavit in support of the Judge's Order. 3.
Leave granted.
4.
Additional affidavit is taken on record.
5.
This Judge's Order is taken out seeking permission of the Court to sell the property i.e. Room No.2005, Building No.1D, 20th Floor, New Hind Mill, Mhada Complex, Rambhau Bhogle Marg, Mazgaon, Mumbai, belonging to the deceased. 6.
The Letters of Administration in respect of property and credits of Dattatray @ Dattu Sitaram Dhanawade (the deceased) were granted in favour of the petitioner by an order dated 25th D.A.ETHAPE
16-JOT-129-2024 modified (OS).doc This Order is modified/corrected by Speaking to Minutes Order dated 11.09.2024. April 2013. The aforesaid property has been transferred in the name of petitioner by Maharashtra Housing and Area Development Authority (MHADA). The petitioner has decided to sell the subject property for consideration of Rs.49,90,000/- to Mr.Umesh Suryakant Sawant and Mrs.Sadhana Umesh Sawant. A copy of the Agreement to Sell is annexed to the affidavit in support of the Judge's Order at Exhibit-B. Alongwith an additional affidavit filed today, the petitioner has annexed a loan closure certificate issued by Mumbai District Central Co-Op. Bank Ltd.
The other heirs of the deceased namely Shivaji Dhanawade, Satyawan Dhanawade, Duryodhan Dhanawade, Aruna Shamrao Mane and Sangita Mahadev Salunkh, have filed affidavits giving their consent for the sale of the subject property. The petitioner has given an undertaking to distribute the sale proceeds, after deducting the costs, charges and expenses of sale, amongst legal heirs of the deceased as per law. I am satisfied that permission can be granted to sell the subject premises. 7.
Hence, the Judge's Order is accepted and signed separately.
(N. J. JAMADAR, J.) D.A.ETHAPE