Errol Wallace Jacobs Alias Errol Dilip Bokil v. Dilip Krishnaji Bokil
1 41.TP/844/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 13th June 2024 FOR COMPLIANCE:
41.TP/844/2024 P.C: Ms. Shruti Lakhani i/b Akhilesh Yadav Ld. Advocate for the [Original] Petitioner (ECHCBM02238 232023)
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 Dilip Krishnaji Bokil(For short "Said deceased"). The petitioner/s, namely (1) Errol Wallace Jacobs alias Errol Dilip Bokil and (2) Coral Wallace Jacobs alias Coral Dilip Bokil, have 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 she has uploaded administration bond having document no. EDHCBM02321872024. Ld. Advocate for the petitioner is relied upon the decision of the Hon'ble High Court in case of Balchand Jarieamdas Lalwant V/s Nanzeen Khalid Qureshi (delivered in Appeal From Order No. 1175 of 2025 on 06th March 2018). The cited case law is applicable to the facts of the petition.
3) Said deceased died Married on 18/09/2023 at Pune leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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
2 41.TP/844/2024 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.
5) Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. She has accepted the facts, regarding their relationship, inter-se.
6) Petitioners have filed the administration Bond in prescribed form No. 118 with surety.
7) Ld. Advocate for the petitioners submitted that in view of provisions of the Sec. 26 read with Sec. 8 of the Hindu Succession Act, 1956, the petitioners, being Sons of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir 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 be granted to the petitioners 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 petitioners to file correct Bond as per Rule 420 of the Bombay High Court(O.S.) Rules, 1980, within 02 week from today.
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.
4) The petitioners 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.
13th June 2024 Officer on Special Duty, with Testamentary Department