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Bombay High CourtIA/1276/2025disposed off

Anju Shyam Mathrani v. Shyam Pokardas Mathrani (Deceased)

2025-04-17Hon'Ble Justice Shri Arif S. Doctor2 pages

1 76-IA-1276-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1276 OF 2025 IN TESTAMENTARY PETITION NO. 3028 OF 2024 Anju Shyam Mathrani ...Applicant Shyam Pokardas Mathrani ...Deceased ----- Mr. Rajesh G. Singh with Rishabh Singh for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

th APRIL, 2025 DATE :

P.C. :

1.

The present Interim Application seeks dispensation with the office requisitions dated 23 rd August, 2024, by which the Petitioner was called upon to justify the shares of the minor legal heirs of one Master Hridhaan Chetan Mathrani, who is the grandson of the Petitioner. The Testamentary Petition has been filed for Letters of Administration to the properties and credits of one Shyam Pokardas Mathrani ("the deceased").

2.

The Petitioner, who is the wife of the deceased. Learned Counsel pointed out that the Letters of Administration has requisite consent of all the legal heirs. He submitted that the dispensation sought is on the ground that the Applicant has undertaken not to dispose of the property of the deceased in Ajit

2 76-IA-1276-2025.doc question without permission of this Court and as also ready and willing to execute a personal bond for justification of the share of minor grandson to the extent of the share which is 1/6 in the estate of the deceased. 3.

Basis this, the fact that there is consent to the grant by all legal heirs dispensation is sought for and having due regard the submissions made, in my view, a sufficient cause has been shown to allow the present Interim Application. The present Interim Application is allowed in terms of prayer clause (a) which reads thus:

"That Letters of Administration may be granted to the Petitioner having effect throughout the State of Maharashtra" 4.

The statement of Learned Counsel for the Applicant accepted as statement of the Court that the Applicant shall not dispose of the property of the deceased without permission of the Court as also shall execute a personal bond justifying the share of the minor legal heirs of one Master Hridhaan Chetan Mathrani, who is the grandson of the Petitioner. 5.

The present Interim Application is accordingly disposed of. (ARIF S. DOCTOR, J.) Ajit