Appa Bhairu Alias Bhayru Rakshe v. Sharubai Bhairu Rakshe Alias Sharubhai B Rakshe

1 36. TP/1506/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 23rd July, 2024 FOR COMPLIANCE:

36. TP/1506/2024 P.

C. :

Shri. Vilas Kadu Ld. Advocate for the Petitioner [Original] (ECHCBM0203520 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 SHARUBAI BHAIRU RAKSHE alias SHARUBHAI B. RAKSHE (For short "Said deceased"). The petitioners, namely (1) APPA BHAIRU (alias BHAYRU) RAKSHE, and (2) SUDHAKAR BHAIRU RAKSHE, 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.

3) Said deceased died as a Widow on 15/06/2020 at Mumbai leaving behind her 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. 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 Note: This Order is modified as per the Speaking to the minutes dated 01.08.2024

2 36. TP/1506/2024 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) Petitioner has filed the administration Bond in prescribed form No. 118 with surety. Legal heir of the deceased has consented by an affidavit to grant the petition. 6) Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioners, being Sons 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 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.

23rd July, 2024 Officer on Special Duty, with Testamentary Department Note: This Order is modified as per the Speaking to the minutes dated 01.08.2024