Yashvant Tanu Davande v. Tanu Rama Davande

1 54.TP/1509/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 09th July 2024 FOR COMPLIANCE:

54.TP/1509/2024 P.

C. :

Shri. Kushaan Solanki Ld. Advocate for the Petitioner [Original]

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 TANU RAMA DAVANDE (For short "Said deceased"). The petitioner, namely YASHVANT TANU DAVANDE, 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.

3) Said deceased died Married on 15/05/1970 at Ratnagiri leaving behind her legal heirs, shown in the paragraph No. 4 of the petition. Petitioner/s 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 notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

5) In view of order passed by the Hon'ble Court in TP Nos. (ECHCBM020299 12024)

2 54.TP/1509/2024 2556 & 2559 of 2022 dated 28.02.2023 and in view of the Order, passed in the TP No. 2918/2023, the petitioner is sole surviving legal heir. Hence, he is exempted from the furnishing the surety Bond.

6) Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Son 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.

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