The Administrator General Maharashtra State v. Gunila Shashikant Moghe

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION MISCELLANEOUS PETITION NO. 331 OF 2026 Gunila Shashikant Moghe ...Deceased The Administrator General Maharashtra State

...Petitioner

_______________________________________ Ms. Rita Joshi, AGP (through VC), for the Petitioner-State. _______________________________________ CORAM : FARHAN P. DUBASH, J.

DATE : 12th JUNE 2026 P. C.:

1.

The present Petition has been filed by the Administrator General, Maharashtra State, under Section 10 of the Administrators General Act, 1963 (said Act), seeking to collect, hold and administer the estate of the deceased, Smt. Gunila Shashikant Moghe (Deceased), who is stated to have passed away on 11th June 2023.

2.

A perusal of the Petition reveals that the Deceased had no blood relatives. The husband of the Deceased is stated to have predeceased her within one year of their marriage. They had no issue out of their wedlock. The Petition further reveals the Deceased did not remarry and, as a result, died issueless. It is further stated that the Deceased has some maternal nephew and niece, AMOL PREMNATH JADHAV details of whom are presently not known to the Petitioner. It is on this premise the Petitioner has filed the present Petition so as to ensure that the AMOL PREMNATH JADHAV Date: 2026.06.15 21:32:53 +0530

estate of the Deceased is not misappropriated or deteriorated until it is distributed amongst her legal heirs in accordance with law. 3.

Having gone through the Petition and upon considering that there is a possibility of misappropriation, deterioration and/or waste of the assets of the Deceased, this Court is of the view that the matter requires immediate attention. Accordingly, the Petitioner is permitted to take possession of all the properties belonging to the Deceased, which are more particularly set out in Exhibit 'E' to the present Petition, and thereafter administer the same in accordance with the provisions of the said Act and Rules. 4.

The Petitioner is directed to collect, realise and take proper care of the assets and estate of the Deceased and take all necessary and incidental steps for the said purpose. The Petitioner shall also be at liberty to apply for grant of Letters of Administration in accordance with the provisions of Section 10 of the said Act.

5.

The police officers of the concerned police station within whose jurisdiction the properties of the Deceased are situated, are hereby directed to ensure that proper police protection and assistance is provided to the officers of the Petitioner in order to secure compliance of the orders passed by this Court.

6.

As the Deceased passed away as in the year 2023, the residential flat in which she was residing may not have been opened for a considerable period of time. The Petitioner is, therefore, directed to open the said flat, with the assistance of police protection, if necessary, and prepare an

appropriate inventory of the articles lying therein. The Petitioner is also permitted to destroy and/or disposed of those articles which are found to be useless and unnecessarily kept therein, without any further recourse to this Court, after preparing an inventory of the same. The necessary inventory report shall be prepared, and an application shall be made by the Petitioner, as and when possible required for the purpose of securing Letters of Administration. Accordingly, the following order is passed: ::ORDER::

(i) The present Petition is allowed in terms of prayer clause (a) and (c).

(ii) Petition is disposed of with no order as to costs. ( FARHAN P. DUBASH, J. ) Amol