Sonika Swapan Laskar v. Swapan K Laskar Alais Swapankumar Laskar Dec Ased

1 69.TP/4909/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 08th December, 2025 FOR COMPLIANCE:

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69. TP/4909/2025 Shri. Siddharht Desai Ld. Advocate for the Petitioner (AMH2024012683 9C202500015) P.C.:

1) Petitioner, namely Sonika Swapan Laskar, has applied for the grant of Letters of Administration, under the provisions of the Indian Succession Act, 1925 (for short "IS Act"), for the properties left by the deceased, namely (1 ) Swapan K Laskar alias Swapankumar Laskar alias Swapan K Manindrachandra Laskar and (2) Pritee Swapan Laskar(For short "Said deceased").

2) I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificates of both the deceased, an affidavit with document to dispense with the requisition of identity proof of the deceased no. 1 and identity proof of the deceased no. 2, an oath in the prescribed format, affidavit of service citation.

3) Said deceased No. 1 died as a married on 17/04/2009 at Mumbai and deceased No. 2 died as a widow on 25.04.2014 at Mumbai leaving behind them legal heirs, shown in the paragraph No. 5 of the petition. Petitioner/s states that there are no other legal heirs to the deceased, except heirs shown in the petition. The deceased left properties shown in 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 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 the collector has been issued vide Rule 396 of the BHC Rules. Till today, no one has appeared to resist the claim of the petitioner, nor has anything been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as an uncontested one.

5) In view of the 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

2 69.TP/4909/2025 exempted from furnishing the administrative bond.

6) Ld. Advocate for the petitioner submitted that in view of provisions of the The Hindu Succession Act, 1956, the petitioner, being Daughter of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, the 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 the prescribed format, having effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925.

2) The petitioner to file an account as undertaken in a Petitioner's Oath within the stipulated period.

3) Before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition is filed. 08th December, 2025 Officer on Special Duty, with the Testamentary Department