Titus Antonio Passanha Alias Titus A Passanha v. Antonio Passanha Alias Antonio Pessanha (Deceased No. 1)

2 46.TP/689/2025 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 04th April 2025 FOR COMPLIANCE:

46. TP/689/2025 P.

C. :

Shri. Madhukar Jadhav i/b S C Legal Ld. Advocate for the Petitioner (AMH202401295 47C202400001)

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 (1) Antonio Passanha alias Antonio Prassanha alias Antonio Pessanha alias Antonio J. Passanha alias Antonio Lucas Pessanha alias Tony Passanha S/o. Joaquim Passanha alias Joaquim Pessanha alias Joaquim Conceicao Pessanha AND (2) Bella Tony Passanha alias Bella T. Passana alias Bella Antonio Passsanha alias Bela Fatima Fernandes Pessanha alias Blla Passanha alias Fatima Bela alias Fatima Bella Passanha alias Bella Anthony Passanha w/o Antonio Passanha (For short "Said deceased"). The petitioner, namely Titus Antonio Passanha, alias Titus A Passanha, has filed documents.

2) I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificates of both the deceased, identity proofs of both the deceased, oath in the prescribed format, affidavit of service citation.

3) Said deceased No. 1 died as a married on 12.01.2020 at Mumbai and deceased No. 2 died as a Widow on 01.07.2022 at Mumbai leaving behind them 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. The delay has been explained vide Rule 382 of the Rules.

4) Citation was issued, which has been duly affixed on the Notice Board of the Hon'ble High Court and notice board of

2 46.TP/689/2025 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 notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

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 petitioner submitted that in view of provisions of the Indian Succession Act, 1925, the petitioner, being Daughter 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.

04th April 2025 Officer on Special Duty, with Testamentary Department