Sugandha Subhash Menge v. Subhash Barku Menge (Deceased)

2 64. TP/1987/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 14th August, 2024 FOR COMPLIANCE:

64. TP/1987/2024 P. C. Shri. Prashant Goyal 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 SUBHASH BARKU MENGE, (For short "Said deceased"). The petitioner, namely SUGANDHA SUBFLASH MENGE, 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 Married on 07/04/2021 at Ratnagiri 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 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) Both the minor Legal heirs of the deceased have (ECHCBM020406 22024)

2 64. TP/1987/2024 consented by way of Affidavits filed through their natural guardian i.e. mother to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. One of the legal heirs have consented through 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 heir, as the petitioner is the birth parent of said minor.

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) 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.

14th August, 2024 Officer on Special Duty, with Testamentary Department