Mahesh Bhupatrai Doshi v. Gunvanti Bhupatrai Doshi (Decesed)

1 54.TP/6040/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 24th February, 2025 FOR COMPLIANCE:

54.TP/6040/2024 P.

C. :

Mehul A. Shah, 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 Gunvanti Bhupatrai Doshi (For short "Said deceased"). The petitioner, namely Mahesh Bhupatai Doshi, has filed documents.

2) I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, affidavit with document to dispense with requisition of identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

3) Said deceased died as a Widow on 03/01/2015 at Mumbai leaving behind her legal heirs, shown in the paragraph No. 4 of the petition. The petitioner states that the deceased female died issueless. Petitioner states that there are no other legal heirs to the deceased, except heirs shown in the petition.

4) The Hon'ble Supreme Court in case of Lachman Singh vs Kirpa Singh & Others (AIR 1987 SC 1616, 1987 SCR (2)

933) laid down that the legal heirs of the husband, i.e son of the husband can claim inheritance vide Sec. 15(1)(b) of the Hindu Succession Act, 1956.

4) Deceased left properties shown in the schedule-I of the petition. The delay has been explained vide Rule 382 of the Rules.

5) 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

2 54.TP/6040/2024 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.

6) 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.

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 Sec. 15(1)(b) the Hindu Succession Act, 1956, the petitioner, being heirs of the husband 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.

3 54.TP/6040/2024 24th February, 2025 Officer on Special Duty, with Testamentary Department