Prakash Kantilal Talati And ANR v. Ramesh Kantilal Talati (Deceased)

1 54.TP/473/2025 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 18th July 2025 FOR COMPLIANCE:

54. TP/473/2025 P. C.

:

Shri. Vineet Saraf Ld. Advocate for the Petitioner (AMH20240000141 C202500002)

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 Ramesh Kantilal Talati alias Rameshchandra Kantilal Talati (For short "Said deceased"). The petitioners, namely Prakash Kantilal Talati, 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 in the petition, it is stated that the there are no other legal heirs and death certificate of the Samir shows that samir Talathi was unmarried at the time of his death.

3) Said deceased died as a Widower on 09-04-2021 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.

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

2 54.TP/473/2025 brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

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

6) Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act 1956, the petitioner, being Brother of the deceased, is 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 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.

18th July 2025 Officer on Special Duty, with Testamentary Department