Leena Rajesh Vora v. Rajesh Savailal Vora

1 46.TP/1087/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 30th August, 2024 FOR COMPLIANCE:

46. TP/1087/2024 P. C.

:

Ms. Labdhi Parekh i/b Makwana & Associates Ld. Advocate for the Petitioner [Original] (ECHCBM0201664 2024)

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 Rajesh Savailal Vora (For short "Said deceased"). The petitioners, namely (1) Leena Rajesh Vora and (2) Anurag Rajesh Vora, has filed documents.

2) I have heard Ld. Advocate. I perused the 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. Ld. Advocate for the Petitioner submitted that she has uploaded corrected administration bond having document no.

AMH20230038011D202400025.

3) Said deceased died as a Married on 10/12/2020 at Lonavala leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners 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

2 46.TP/1087/2024 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) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

7) Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being No. 1 being widow and no. 2 being son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioners 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 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.

30th August, 2024 Officer on Special Duty, with Testamentary Department