Seema Ravindra Jobanputra Nee Seema Ramdas Kothari v. Ramdas Keshavji Kothari Deceased

1 46.TP/1128/2024 Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 11th June 2024 FOR COMPLIANCE:

46. TP/1128/2024 [Original] (ECHCBM02037132 024) P.

C. :

Shri. Siddharth Desai i/b Ankita Gala Ld. Advocate for the Petitioner

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 RAMDAS KESHAVJI KOTHARI(For short "Said deceased"). The petitioner, namely SEEMA RAVINDRA JOBANPUTRA nee SEEMA RAMDAS KOTHARI, has filed 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.

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 online having document no. EDHCBM02307622024 and administration bond online having document no. EDHCBM02311252024

3) Said deceased died Married on 14-09-1996 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. The delay has been explained vide Rule 382 of the Rules.

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

2 46.TP/1128/2024 notice regarding pending litigation pertaining to the same properties. 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 for net amount. Hence, direction is required to be given.

7) Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being daughter 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 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 re-upload the administration Bond with Corrected amount as per Rule 420 of the Bombay High Court (O.S.) Rules, 1980 within period of 07 days from the date of uploading this order.

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 petitioner to file an account as under taken in a Petitioner's Oath within stipulated period.

11th June 2024 Officer on Special Duty, with Testamentary Department