Ashok Navsha Davde v. Laxmi Navsha Davde

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 25th July 2025 FOR COMPLIANCE:

51. TP/1632/2024 [Original] (ECHCBM020476520 24) with CTS(L)/22424/2025 (AMH20230012707C 202500021) P.

C. :

Shri. Anthony Fernandes i/b Waquar Ahmed 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 Laxmi Navsha Davde (For short "Said deceased"). The petitioner, namely Ashok Navsha Davde, 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.

3) Said deceased died as a Widow on 29-07-2023 at Mumbai leaving behind her 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-I of the petition.

4) Citation was issued, which has been duly affixed on the Notice Board 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) 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. Legal heirs have accepted the facts, regarding their relationship, interse.

6) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

7) Caveator namely Navinchandra s/o Bachubhai Shamji Parekh filed a caveat having CTS(L)/26270/2024, same has been rejected vide Rule 986 of the Bombay High Court ( O.S.) Rules, 1980 vide an order dated 07.03.2025, passed by the Hon'ble Prothonotary and Senior Master. Furthermore, Hon'ble Court vide an order dated 08.07.2025 passed in IA(L)/29107/2024 in TP/1632/2024, directed to registry to complete the process of granting Probate within four weeks from the date of uploading of the said order. However, again same Caveator has filed the caveat having CTS(L)/22404/2025. Hence, petition is taken up for passing further order, according to the law.

8) and the legal heir filed caveat. However, same was rejected due to non-compliance of office objections raised in the caveat. Hence, petition remains uncontested.

9) 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 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 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.

25th July 2025 Officer on Special Duty, with Testamentary Department