Ramaben Ajitkumar Majithia v. Bhupendra Chhotalal Kanabar Deceased

1 94.TP/6594/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 24th February, 2026 FOR COMPLIANCE:

94. TP/6594/2025 ) ) ) Shri. Nahar Mahal a/w Ms. Suchitra Singh Ld. Advocate for the Petitioner (AMH20230049452C2025000 05) P.C.:

1) Petitioners, namely (1) Ramaben Ajitkumar Majithia, (2) Kishore Chhotalal Kanabar and (3) Laxmlchand Chhotalal Kanabar, have 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 Bhupendra Chhotalal Kanabar(For short "Said deceased").

2) I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate of the deceased, an affidavit with document to dispense with the requisition of an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation. Heard Ld. Advocate for the petitioner. Petitioner seeks permission to amend the petition, in terms of the Draft amendment, annexed to the said praecipe, dated 24.02.2026. Proposed amendment is appeared to be relevant as suggested in the praecipe. Hence, submission is accepted. Petitioner to carry out an amendment withing period of 03 weeks from the date of uploading this order, if the petition is pending. Consequential amendment, if any, stands allowed. Furthermore, in case of online petition, the petitioner to upload the amended petition, within period of 05 days from the date of amendment. Re-verification is dispensed with.

3) Said deceased died as a Bachelor on 24-04-2021 at Margao, Goa leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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) Office issued Citation to all concern and same has been 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"). An affidavit to that effect has

2 94.TP/6594/2025 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 in the TP No. 2918/2023, all the legal heirs of the deceased are petitioners, and therefore, they are exempted from furnishing the surety Bond.

6) Ld. Advocate for the petitioners submitted that in view of provisions of The Hindu Succession Act, 1956, the petitioners No. 1 being sister and No. 2 and 3 being brothers of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners, 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 petitioners for properties, left by the deceased and shown in the schedule, in the prescribed format, having effect throughout India as per the provisions of the Indian Succession Act, 1925.

2) The petitioners 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. 24th February, 2026 Officer on Special Duty, with the Testamentary Department