Rajivlochanji Vallabhlalji Goswami And 2 ORS v. Divyang Laxmi W/O. Vallabhlalji Goswami Alias Divijangana Vallabhlalji Goswami (Deceased)

1 65.TP/658/2025 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 03rd April 2025 FOR COMPLIANCE:

65. TP/658/2025 P.

C. :

Shri. Manoj Mane Ld. Advocate for the Petitioner [Original] (ECHCBM020318 52024)

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 of Divyang Laxmi alias Divyang Laxmi W/o. Vallabhlalji Goswami alias Divijangana Vallabhlalji Goswami, (For short "Said deceased"). The petitioners, namely (1) Rajivlochanji Vallabhlalji Goswami, (2) Govindrayji Vallabhlalji Goswami and (3) Gopesh Vallabhlalji Dixit alias Goswami, have filed documents.

2) I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, affidavit with document to dispense with requisition of identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

3) Said deceased died as a Rajkot on 19-08-1994 at Rajkot, Gujarat, leaving behind her 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-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 Notice Board 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

1 65.TP/658/2025 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) In view of the Order, passed in the TP No. 2918/2023, the all-legal heirs of the deceased are petitioners, and therefore they are exempted from the furnishing the surety Bond.

6) Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act 1956, the petitioner, being Sons of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioners, 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.

03rd April 2025 Officer on Special Duty, with Testamentary Department