Ramesh Gopal Maru v. Nirmala Ramesh Maru Deceased

1 26.TP/2261/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 27th January 2025 FOR COMPLIANCE:

26. TP/2261/2024 P. C.

:

Shri. Mahesh Pandey Ld. Advocate for the Petitioner [Original] (ECHCBM020512520 24)

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 NIRMALA RAMESH MARU (For short "Said deceased"). The petitioner, namely RAMESH GOPAL MARU, 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) Order dated 03.12.2024, the Ld. Advocate for objector namely Jagdish Jagtiya was present. I called report from the office about filing of the caveat in the matter, if any. Office submitted a report dated 03.01.2025, which kept along with this order. As per the said report, caveat is not filed till submission of report.

4) Said deceased died as a Widow on 02-03-2021 at Navi Mumbai, Dist. Raigad leaving behind her legal heirs, shown in the paragraph No. 5 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.

5) 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

2 26.TP/2261/2024 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.

6) Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se.

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

8) Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Nephew of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir 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.

27th January 2025 Officer on Special Duty, with Testamentary Department