Devbala Vijay Mahajan v. Anpurna Satish Sabharwal

2 19.TP/2813/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 29th January 2025 FOR COMPLIANCE:

19. TP/2813/2024 [Original] (ECHCBM0223187 2023) P. C.

:

Ms. Priyanka Chippa i/b Nahush Shah Legal 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 Anpuma Satish Sabharwal (For short "Said deceased"). The petitioner, namely DEVBALA VIJAY MAHAJAN, 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 Married on 24-05-2020 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. 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. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner being the sole class-I heir of the deceased is exempted from furnishing the administrative bond. However, petitioner has filed administration bond.

2 19.TP/2813/2024

6) Ld. Advocate for the petitioner submitted that the deceased has no legal heirs from the husband side.

7) Furthermore, it is stated that the properties inherited by the deceased from her father and therefore, in absence of the children, it goes to the heirs of the husband vide Section 15(2) (a) of the Hindu Succession Act, 1956.

8) There was another petition filed by the Mohit Agarwal, having TP(L)/9486/2020 for grant of Probate on the basis of the Will alleged to have been executed by the said petitioner came to be rejected vide Rule 986 of the Bombay High Court (O. S.) Rules, 1980 and vide Order dated 08.02.2023, passed by the Hon'ble Prothonotary and Senior Master.

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

29th January 2025 Officer on Special Duty, with Testamentary Department