Laxmi Sanjiv Srivastava v. Sanjiv Mohan Srivastava

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 07th January, 2026 FOR DIRECTION :

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11. TP/2865/2025 (AMH20240126984C202500001) Ms. Saloni Sathe Ld. Advocate for the Petitioner P. C. :

1.

Ld. Advocate for the petitioner submitted by this praecipe that the department has raised an objection that this petition is cross petition with the petition having TP No. 4384 of 2024. Ld. Advocate for the petitioner has submitted that the earlier petition was filed by the daughter of the petitioner in respect of the deceased's property (Sanjiv Mohan Srivastava), particularly in respect of the Flat No. 9/C Lohtse Cooperative Housing Society Ltd. Ruia Park, Juhu, Mumbai 400049. Ld. Advocate for the petitioner has annexed the copy of the grant issued in the said petition. I have perused the said grant.

2.

It appears that present petition is filed by the widow of the deceased (Laxmi Sanjiv Srivastava) in respect of the other property, which is not subject matter of the earlier Grant. However, the earlier petitioner, namely Sasha Sanji Srivastava, could have amend the above referred grant by taking out an interim Application. Hence, in such circumstances, two grant for the administration of the properties of the same deceased could not be granted to two different persons. 3.

Furthermore, the already one administrator has been appointed to administer the property of the deceased. Hence, in such circumstances, second administrator, in view of Sec. 218 of the Indian Succession Act, 1925 (for short "IS Act") can not be appointed for the administration of other properties of the same deceased. Hence, in such case, it would be proper to seek the direction of the Hon'ble Court. 4.

Removed from the Board.

07.01.2026 Officer on Special Duty, with Testamentary Department