Bombay High CourtTP/1183/2025grant issued

Madhav Pragji Ashar v. Dhruv Madhav Ashar (Deceased)

2025-03-19Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 19th March, 2025 FOR ISSUANCE OF CITATION :

4. TP/1183/2025 (AMH20230038011C202 500001) P. C. :

Ms. Labdhi Parekh i/b Makwana & Associates Ld. Advocate for the Petitioner

1. Perused Petition.

2. The petitioner, namely Madhav Pragji Ashar, filed the petition for the grant of Letters of administration for the properties of Dhruv Madhav Ashar. The petitioner is the father of the deceased.

3. As per Sec. 8 of the Hindu Succession Act, 1956, the deceased died leaving behind him his mother (class-I, Heir) and Father (Class-II, Entry-(I) and Sister (Class-II, Entry - II). Hence, the petitioner being the father of the deceased cannot claim an inheritance to the property of the deceased. Hence, he can not present petition vide Sec. 218 of the Indian Succession Act, 1925.

4. Hence, the petitioner to take appropriate proceeding to amend the petition.

5. S. O. to 21.04.2025 19.03.2025 Officer on Special Duty, with Testamentary Department