Ashish Baban Pawar v. Baban Bhikaji Pawar

1 66.TP/721/2024 Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 08th May, 2024 FOR COMPLIANCE:

66. TP/721/2024 [Original] (ECHCBM022186720 23) (De-Bonis-non) P.

C. :

Shri. Himanshu Rai i/b Prabhu Velar Ld. Advocate for the Petitioner

1) This is a petition for grant of Letters of Administration (De-Bonis-non), under the Provisions of Sec. 259 of the Indian Succession Act, 1925 (for short "IS Act") for the properties left by the deceased, namely Baban Bhikaji Pawar (For short "Said deceased"). The petitioner, namely Ashish Baban Pawar, 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 he has uploaded affidavit of service having document no. EDHCBM02244022024 and administration bond online having document no. EDHCBM02266592024.

3) Said deceased died Married on 08-01-2015 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 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.

2 66.TP/721/2024 Hence, the petition is treated as uncontested one.

5) Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. They have accepted the facts, regarding their relationship, inter-se.

6) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

7) The widow of the deceased had obtained the Letters of Administration of the property of the deceased vide TP No. 1834 of 2015. However, she died without administration of estate of the deceased. Hence, deceased son has applied for the letters of Administration (De-Bonis-non).

8) Ld. Advocate for the petitioner submitted that in view of provisions of Hindu Succession Act, 1956, the petitioner, being Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs 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 (De-Bonis-Non) 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) Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

3) 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.

08th May, 2024 Officer on Special Duty, with Testamentary Department