Cecilia Benavides Chinai v. Kays Buddhisagar Chinai (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 20th December, 2024 FOR COMPLIANCE :

69. TP/4861/2024 (AMH20240131949C202 400005) with WILL/1932/2024 P. C. :

Ms. Swati Mathkar i/b Shirish Mathkar Ld. Advocate for the Petitioner

1. Ld. Advocate for the petitioner has relied upon the decision of the Hon'ble Delhi High Court in case of Rajesh Sinha & Ors. Vs. State [2015(151) DRJ 434]. She submitted that the petitioner is widow and sole surviving legal heir of the deceased as per the Provisions of the Hindu Succession Act, 1956. Hence, law laid down in the said decision as well as the directions issued by the Hon'ble Court in TP No. 2556/2022, 2559/2022 and 2918/2023 are applicable to the present case, and thus the petitioner is exempted from execution of an administration Bond.

2. The order, referred by Ld. Advocate for the petitioner, is passed in the Testamentary Petition for letters of administration. This petition is for letters of administration with Will Annexed. It is admitted that as per the petition, the petitioner is widow of the deceased and as per the Will, she is sole legatee. There are no other legal heirs of the deceased.

3. However, it would be proper to seek the direction of the Hon'ble Court to extend the direction given in the above referred order to present case.

4. S. O. to 10.01.2025.

20.12.2024 Officer on Special Duty, with Testamentary Department