Ramesh Gagandas Mirchandani v. Late Gagandas G. Mirchandani Alias Gagandas Ghanshamdas Mirchandani(Deceased)

1 55.TP/1755/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 24th June 2024 FOR COMPLIANCE:

55. TP/1755/2024 P.

C. :

Ms. Nutan Patel a/w Shri. Pranav Chavan i/b Mahesh Menon & Co. 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 Gagandas G. Mirchandani alias Gagandas Ghanshamdas Mirchandani (For short "Said deceased"). The petitioner, namely Ramesh Gagandas Mirchandani, 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 the petitioner is suffering from the heart deceased and carry the space maker. She produced the documents to that effect. The order dated 24.04.2024, shows that the matter was adjourned to 08.07.2024, however, CIS shows that the next date of hearing is 24.06.2024. In order dated 24.04.2024, returnable date is incorrectly shown as 08.07.2024 instead of 24.06.2024. Hence, same is corrected. Hence, I verified the same. Considering the Medical conditions of the petitioner, the petition is taken up for order. Ld. Advocate for the Petitioner further submitted that she has uploaded administration bond online having document no. EDHCBM02242852024 and affidavit of service online having document no. EDHCBM02340252024.

3) Said deceased died Married on 11/04/1976 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 (ECHCBM0206053 2024)

2 55.TP/1755/2024 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. They have accepted the facts, regarding their relationship, inter-se.

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 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) 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.

24th June 2024 Officer on Special Duty, with Testamentary Department