Parizad Vishtaad Udwadia v. Vishtaad Cyrus Udwadia

1 53.TP/1497/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 09th July 2024 FOR COMPLIANCE:

53.TP/1497/2024 P.

C. :

Ms. Swati Mathkar i/b Shirish Mathkar Ld. Advocate for the Petitioner [Original] (ECHCBM020394 32024)

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 Vishtaad Cyrus Udwadia alias Vishtad Cyrus Udwadia alias Vishtaad C. Udwadia (For short "Said deceased"). The petitioners, namely Parizad Vishtaad Udwadia, 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 is relied upon the order of the Hon'ble High Court in TP No. 4961/2022 order for exemption of filing the affidavit of birth parents on behalf of the minor heir of the deceased. Submission is accepted.

3) Said deceased died Married on 28/05/2023 at Mahabaleshwar, Satara, 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

2 53.TP/1497/2024 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 heirs of the deceased are minor childern and the petitioner is the birth parent of these minors. Hence, in view of the order passed in the Testamentary Petition No. 1701 of 2017, there is no requisition to justify the share of minor legal heirs, as the petitioner is the birth parent of said minors.

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 Indian Succession Act, 1925, the petitioner, being Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner, 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) 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.

09th July 2024 Officer on Special Duty, with Testamentary Department