Dinesh Anand Diwakar v. Palliath Diwakar Alias P Diwakar Alias P Diwakar S/O Narayanan Nambiar(Deceased)

1 51.TP/4314/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 20th September, 2025 FOR COMPLIANCE:

51. TP/4314/2024 (AMH20230044366 C202400007) P.

C. :

Shri. Dipesh Palvankar i/b Mahesh Menon & Co. 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 Palliath Diwakar, alias, P. Diwakar alias P. Diwakar S/o Narayanan Nambiar (For short "Said deceased"). The petitioner, namely Dinesh Anand Diwakar S/o Palliath Diwakar, 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 02/05/2001 at Mumbai 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-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 Notice Board 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.

2 51.TP/4314/2024

5) Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

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

7) Citation to non-consenting legal heir namely P. Krishnakumar of the deceased was issued, which is duly served by sheriff vide Rule 399 of the Rules. However, non-consenting legal heir did not resist the petition.

8) The Hon'ble Court has dispensed with the requisition of justifying the surety of non-consenting legal heirs namely P. Krishna Kumar vide an order dated 17.09.2025 in IA(L)/5149/2025.

9) 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.

20th September, 2025 Officer on Special Duty, with Testamentary Department