Dilip Krishnanand Mankame v. Swati Hemant Mankame (Deceased)

1 56.TP/1244/2025 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 07th May 2025 FOR COMPLIANCE:

56. TP/1244/2025 P. C.

:

Ms. Vishaki Bhatia Ld. Advocate for the Petitioner (AMH20230036552 C202500009)

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) ;Swati Hemant Mankame and (2) Hemant Krishnachand Mankame alias Hement Krishnachand Mankame (For short "Said deceased"). The petitioner, namely Dilip Krishnachand Mankame Constituted Attorney of Shreya Hemant Mankame, 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 26.06.2022 at Mumbai and deceased No. 2 died as a Widower on 04.01.2025 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.

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 brought to the notice regarding pending litigation

2 56.TP/1244/2025 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 Constituted Attorney of Shreya Hemant Mankame 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 Limited 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.

07th May 2025 Officer on Special Duty, with Testamentary Department