Padmanabh Trimbak Nene v. Bhalchandra Trimbak Nene And Prabhavati Bhalchandra Nene

1 74.TP/2949/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 30th September, 2024 FOR COMPLIANCE:

74. TP/2949/2024 P.

C. :

Ms. Neha Nagotanekar Ld. Advocate for the Petitioner [Original] (ECHCBM0207423 2024)

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 (1) BHALCHANDRA TRIMBAK NENE and (2) PRABHAVATI BHALCHANDRA NENE (For short "Said deceased"). The petitioner, namely PADMANABH TRIMBAK NENE, has filed documents.

2) I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificates of the deceased, identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

3) Said deceased No. 1 died as a Married and deceased No. 2 died as widow. The deceased No. No. 1 died on 18/07/2010 and deceased No.2 died on 30/03/2016 at Mumbai leaving behind them legal heir, 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 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

2 74.TP/2949/2024 brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

5) In view of the Order, passed in the TP No. 2918/2023, the petitioner, being sole heir of the both the deceased, is exempted from the furnishing the surety Bond.

6) Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Brother of deceased No. 1 and Brother in law of the deceased No.2 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.

30th September, 2024 Officer on Special Duty, with Testamentary Department