Kanchan Kundan Singh W/O Kundan Prasad Singh v. Saraswati Subrayallu Naidu Alias Subrayalu Naidu (Deceased)

SLG Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 13th December, 2024 CALLED FOR COMPLIANCE :

68. TP/4689/2024 Mr. Rohit Vaishya i/b. Kanchan Yogendra Mohan, Ld. Advocate for Petitioner P.C. : 1.

Perused Petition. Heard Ld. Advocate for petitioner. 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 Saraswati Subrayallu Naidu @ Saraswati Subrayalu Naidu (For short "Said deceased"). The petitioners, namely Kanchan Kundan Singh w/o. Kudan Prasad Singh, (2) Indumathi Mohan Naidu w/ o. Mohan V. Naidu, (3) Chitra Ganesh Ambalakaran w/o. Ganesh R. Ambalakaran,

(4) Maheshwari Manohar Naidu w/o.

Manohar V. Naidu, (5) Savitri Chandan Naidu w/o. Chandan G. Naidu, (6) Kannaiah Naidu s/o. Subrayallu B. Naidu, have filed documents.

2. 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 Widow on 17-102020 at Mumbai leaving behind them legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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.

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

SLG CONTD....

notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

68. TP/4689/2024

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.

6. Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner No. 1 to 5 being daughters and No. 6 being son of the deceased, are 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 petitioners 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 petitioners 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.

13.12.2024 Officer on Special Duty, with Testamentary Department