Harsha Ramchandra Wadhwani v. Jitendra Bhagwandas Ahuja (Deceased)

1 53.TP/5141/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 14th January 2025 FOR COMPLIANCE:

53. TP/5141/2024 P. C.

:

Shri. Sameer Logade Ld. Advocate for the Petitioner [Original] (ECHCBM0215360 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 Jitendra Bhagwandas Ahuja (For short "Said deceased"). The petitioner, namely Harsha Ramchandra Wadhwani, 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. Ld. Advocate for the Petitioner submits that he had tried to mention the matter before Hon'ble Court for removing from the board. However, Hon'ble Court returned the praecipe as it is not listed on the board. Submission is accepted.

3) Said deceased died as a married on 11-06-2024 at Republica De Chile (Country in South America) 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.

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

2 53.TP/5141/2024 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.

5) One of the Legal heir of the deceased has consented through his mother Legal heir has accepted the facts, regarding their relationship, inter-se.

6) The petitioner being birth patent of the minor has filed affidavit. In view of the order passed in the Testamentary Petition No. 1701 of 2017, there is no requisition to justify the share of minor legal heir, namely Maahir Jitendra Ahuja as the petitioner is the birth parent of said minor.

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

8) Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Widow 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.

14th January 2025 Officer on Special Duty, with Testamentary Department