Kunvarji Bhachu Shah v. Jigar Kunvarji Shah Alias Jigar Kuverji Shah Alias Jigar Kuwerji Shah (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 16th January, 2025 FOR COMPLIANCE :

58. TP/4255/2024 [Original] (ECHCBM02137272024) P. C. :

Shri. Nandesh Manek Ld. Advocate for the Petitioner

1. Ld. Advocate for the petitioner has relied upon the decision of the Hon'ble Bombay High Court in case of Hirjbhoy Rustomji Patel Vs. the State of Bombay (Appeal no.

115/1952 TIJ Petition no. 307/1952, decided on 15/10/1952) [AIR 1953 Bom 228 = ILR 193 Bom 748]. He submitted that in the cited case, Parsi male (Rattan Shaw Meherbai) died unmarried leaving behind his mother. Said mother obtained Letters of administration to administer the property of the deceased. However, before administering the properties, she also died. Hence, brother of the deceased male(Hirjibhoy) had applied for the Letters of Administration (De-bonisnon) to administer the properties of the deceased which are left unadministered vide Sec. 259 of the IS Act.

2. Adjourned for order.

3. S.O. to 31.01.2025 16.01.2025 Officer on Special Duty, with Testamentary Department